HOA rules by state
HOA rental restriction rules by state
Compare how far a homeowners association can restrict renting your home across the states HOA Notes covers, with the statute behind each and a link to the full state guide.
Rental rules by state
Each row links to that state's full guide. Scroll the table sideways on a phone.
| State | What the law does | Statute | Full guide |
|---|---|---|---|
| California | An HOA cannot ban rentals or cap them below 25 percent of the homes. | Civil Code section 4741 | California details → |
| Texas | An HOA cannot require its approval of your tenant or applicant as a condition of leasing. | Texas Property Code section 209.016 | Texas details → |
| Florida | A rental rule adopted after July 1, 2021 applies only to owners who take title afterward. | Florida Statutes section 720.306(1)(h) | Florida details → |
| Virginia | No rental ban or rental, application, or move-in fee unless the recorded declaration allows it. | Virginia Code section 55.1-1806 | Virginia details → |
| Arizona | An HOA can ask for tenant information and one fee, but cannot otherwise bar renting. | Arizona Revised Statutes section 33-1806.01 and section 33-1260.01 | Arizona details → |
| Colorado | A new rental restriction needs a supermajority owner vote and grandfathers current owners. | Colorado Revised Statutes section 38-33.3-217(4.5) | Colorado details → |
| Nevada | No rental ban or approval requirement unless the recorded declaration provides for it. | Nevada Revised Statutes section 116.335 | Nevada details → |
| Washington | A leasing restriction has to be set out in the recorded declaration. | Washington Revised Code 64.90.510(10) and 64.90.225 | Washington details → |
Each state's rule is sourced to that state's statute on the linked page. Statutes change; confirm the current text before relying on it.
Can an HOA stop you from renting your home?
In most states HOA Notes covers, an HOA cannot simply ban rentals or require it to approve your tenant unless the recorded declaration expressly provides for it. California goes further and bars a rental cap below 25 percent of the homes.
Where a restriction is allowed, it usually has to be in the recorded declaration, not just a board rule, and several states protect owners who were already renting when the rule changed. The table shows each state's rule.
What rental fees and caps are allowed?
What varies by state:
- Whether a rental cap or ban is allowed at all, and only where the declaration sets it.
- Whether the HOA can charge a rental, application, or move-in fee, which some states bar or cap.
- Whether a new restriction grandfathers owners who already rent.
- Whether short-term rentals are treated differently from long-term leases.
What to check about rentals before you buy
In the disclosure packet, read for:
- Any rental cap, minimum lease term, or owner-occupancy requirement in the CC&Rs.
- Any rental, application, or transfer fee and its amount.
- Whether current rentals are grandfathered and how a waitlist works if there is a cap.
- Recent amendments, since rental rules are often changed by amendment.
Get your HOA packet read against your state's law.
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Order a brief for your packetHOA rental rules by state: common questions
Can an HOA ban rentals?
In most states HOA Notes covers, only if the recorded declaration expressly allows it; a board rule alone is usually not enough. California also bars a cap below 25 percent of the homes. See the table above for your state.
Can an HOA charge a fee to rent your home?
It depends on the state. Some bar or cap rental, application, or move-in fees unless the declaration authorizes them. Open your state's page for the rule.
Can an HOA cap the number of rentals?
Some states allow a cap if it is set in the recorded declaration, and several grandfather owners who already rent. California bars a cap below 25 percent. Check your state's page.
How do I check an HOA's rental rules before buying?
Read the CC&Rs and recent amendments for any rental cap, minimum lease term, or fee, and whether current rentals are grandfathered. An HOA Notes brief flags the rental terms against your state's statute.
Sources, verified 2026-06-07
Each state's rule in the table is taken from that state's HOA rental statute and verified against the primary source shown below; open a state's page for its full source list. Statutes change; confirm the current text before relying on it.
- California Civil Code section 4741 (rental and leasing of separate interests), California Legislative Information. Verified 2026-05-31. leginfo.legislature.ca.gov
- Texas Property Code section 209.016 (regulation of residential leases), Texas Statutes, Texas Legislature. Verified 2026-06-03. statutes.capitol.texas.gov
- Chapter 720 Section 306, Florida Statutes (rental agreement amendments), The Florida Senate. Verified 2026-06-03. flsenate.gov
- Code of Virginia section 55.1-1806 (rental of lots), Virginia General Assembly. Verified 2026-06-03. law.lis.virginia.gov
- Arizona Revised Statutes section 33-1806.01 (rental property; information; fee), Arizona State Legislature. Verified 2026-06-03. azleg.gov
- Colorado Revised Statutes section 38-33.3-217 (amendment of declaration), Justia. Verified 2026-06-03. law.justia.com
- Nevada Revised Statutes section 116.335 (association prohibited from requiring approval to rent), Justia. Verified 2026-06-03. law.justia.com
- Revised Code of Washington 64.90.510 (regulatory authority; leasing restrictions), Washington State Legislature. Verified 2026-06-03. app.leg.wa.gov
About this page
Last reviewed 2026-06-07. This page is a general buyer guide and a description of the HOA Notes service. HOA Notes is not a law firm and this is not legal advice. State statutes change and have exceptions; each citation was verified against the primary source on the date shown. Consult a real estate attorney in the relevant state before relying on any legal right described here.