HOA Dispute – Scope of Regulations for Renting Condos Subject To Association Rules

According to Cal. Civ. Code § 4740(a): “An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.” Therefore, any owner subject to Association Rules who is renting a unit, either currently or in the past, before an association instituted rules governing rentals is not subject to this aspect of Association Rules.

If you own separate interest units in condominium or multi-family development, consult your CC&Rs and applicable association rules to clarify when the rule was established and whether your rental is subject to these rules.