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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 35012
Experience:  12+ yrs. of experience including real estate law.
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Can a homeowner association in their "rules and regulations"

Customer Question

can a homeowner association in their "rules and regulations" dictate the term of a lease?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: The rules state that it must be a 12 month lease minimum. The city allows 30 day short term rentals. I am trying to determine if the HOA can superceed city regulations
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

An HOA, in many ways, is like a small city.

They can make and enforce rules, imposes taxes (fees), etc.

Now...there are limits. The HOA can not make or enforce rules that violate federal, state or local law.

For example, it is a violation of federal (and state) law to discriminate based on race. So if an HOA had a rule that prohibited renting to a particular race? Such a rule would not be enforceable.

Now...what you are describing is NOT a violation of state or local law.

The city's rule for 30 day short term rentals is a "floor"..the HOA could not pass a weekly rental policy since that would violate the city law. But they CAN impose a more stringent policy...that would not violate the city rule. And in fact, in CA this is very common (for HOA's to impose stricter limits than the local city/county)

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the HOA can not do this but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 1 year ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

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Thanks for your understanding