What to know when leasing out your HOA property

Leasing out a property in an HOA community comes with a few extra layers of rules and responsibilities. Here’s what you should know before renting out a condo or home governed by a homeowners association:

1. Check HOA Leasing Rules

   • Rental Restrictions: Some HOAs limit the number or percentage of units that can be rented out (rental caps).

   • Lease Length Requirements: Minimum lease terms are common (e.g., 6 or 12 months); short-term rentals may be banned.

   • Tenant Approval: Some HOAs require board approval or tenant background checks before leasing.

   • Waiting Periods: You might need to own the property for a set period before you’re allowed to lease it.

2. Lease Agreement Requirements

   • HOA Addendums: The HOA may require specific language in the lease that obligates tenants to follow HOA rules.

   • Tenant Acknowledgment: You might need your tenant to sign a form acknowledging receipt of the HOA rules and agreeing to abide by them.

3. HOA Rules Still Apply to Tenants

   • Tenants are bound by the same rules and restrictions as owners (e.g., noise, pet policies, parking, trash days).

   • If tenants break the rules, you (the owner) are ultimately responsible and may face fines or penalties.

4. Fees and Fines

   • Landlord Fees: Some HOAs charge landlords additional fees or require registration of rental properties.

   • Fines: If a tenant violates HOA rules, fines may be billed to you as the owner, not the tenant.

5. Communication Responsibilities

   • The HOA usually only communicates with owners, not tenants. You’ll be responsible for passing along notices, policy changes, etc.

6. Maintenance & Access

   • Tenants need to allow HOA or vendors access for certain maintenance or inspections (e.g., fire alarm checks, pest control).

   • You may need to coordinate this as the owner or ensure it’s covered in the lease.

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Best Practices

• Review HOA bylaws and leasing policies before listing your property.

• Provide tenants with a copy of the HOA rules.

• Include HOA compliance clauses in your lease.

• Consider hiring a property manager experienced with HOA communities.