Does HOA get to approve/disapprove tenant in CALIFORNIA

4 Replies

I know HOA in Florida seems to have unlimited power over anything and everything...

How about California? Does HOA get to approve/disapprove tenant? Thank you

Even in Florida, it depends on what the HOA Bylaws and Rules & Regs state. Every community is different. Some have no approval process whatsoever for tenants/leases, and others go so far as to ban rentals altogether.

Since HOA's are sort of "self governing", I'd expect the same in California and other states.

You basically agree to the HOA's rules when you buy in the community. That's why disclosing and reviewing HOA docs is critical.

Many screen for arrest records, etc and can deny at will. This doesn't mean they cannot be challenged, but that is a PITA and just not worth the hassle. They can also change rules at will, and stop allowing rentals. I showed one a couple years back where the owner was being forced to sell because of that scenario. I live in an HOA, but won't typically buy in them or condos. Too many commandos:)

@Diane G. Hello Diane! I had a property in an HOA this past Fall. The HOA never approved or disapproved just simply became part of the HOA when I bought the house. Cost a $70 transfer fee or something like that but no approval was needed. Nice HOA as well.

I am currently in a situation where an HOA I am part of is trying to put in rental screening into CC & R 10 years after I purchased it... things like can’t rent to people w criminal records, can’t rent to people without any prior rental experience etc...

Well, that criminal records, for one, is against HUD rules...

I am talking to a lawyer now, but wanted to see if anyone on BP has similar experiences and how to deal with ..