HOA topic guide
Can my HOA ban Airbnb and short-term rentals?
Short-term rental restrictions are among the most litigated clauses in modern CC&Rs. Whether your HOA can ban Airbnb, VRBO, or any lease under 30 days depends entirely on what your Declaration says — and when it was recorded. Older documents often predate platform rentals and may contain only vague language about 'residential use only,' which courts have interpreted in conflicting ways. More recently recorded CC&Rs tend to address transient occupancy explicitly, setting minimum lease durations and requiring board-approved rental agreements. If your association has adopted a standalone rental policy via board resolution rather than an amendment, its enforceability is narrower and may not bind future purchasers.
What most CC&Rs say
Most CC&Rs that restrict short-term rentals set a minimum lease term — commonly 30, 60, or 90 consecutive days — and require a written lease signed by the owner and tenant. Many declarations require owners to register tenants with the management office before move-in, and some cap the total percentage of units that may be rented at any one time. Prohibitions on 'hotel-style' or 'transient' occupancy are increasingly standard in documents recorded after 2015. Some HOAs distinguish between owner-occupied rentals (a room while the owner resides) and investment rentals, treating them differently under the policy.
Every HOA's governing documents differ. The patterns above reflect common drafting conventions — your CC&Rs may be more or less restrictive.
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