If your HOA or COA allows either short-term or long-term rentals, you will have to deal with a...
Are HOA Rental Caps Worth It? Pros, Cons, and Key Considerations
When an HOA allows rentals, whether short-term or long-term, it raises important questions about community management. One key decision an HOA board may face is whether to establish a rental cap—a rule that limits the number of rental properties within the association.
Understanding the benefits and drawbacks of rental caps can help HOA boards determine if they are the right choice for their community.
What is a Rental Cap?
A rental cap is a rule that limits the percentage or number of properties within an HOA that can be rented out at a given time. Some associations set rental caps to maintain stability, protect property values, and ensure compliance with financing regulations.
However, not every HOA needs or wants a rental cap. While these restrictions can provide benefits, they may also create challenges for homeowners who need rental flexibility.
The Benefits of Rental Caps
Setting a rental cap can help an HOA maintain control over its community and preserve its long-term goals. Some key benefits include:
- Communities with rental caps may appeal to buyers who prefer owner-occupied neighborhoods.
- Owners are more likely than renters to participate in HOA meetings, social events, and community governance.
- Keeping rentals within FHA loan guidelines can help maintain eligibility, making it easier for future buyers to secure loans.
- Fewer rental properties often reduce liability risks, leading to lower insurance premiums for the HOA.
- Fewer transient renters mean less disruption to the community and stronger neighbor relationships.
- Owners tend to take better care of their homes, which helps preserve property values and overall community appearance.
- While these advantages can create a more stable and engaged community, rental caps also come with potential downsides.
Drawbacks of Rental Caps
Before enforcing a rental cap, HOA boards should also consider the challenges that come with this type of restriction:
- Owners who cannot rent their properties may be forced to sell quickly, reducing their ability to adapt to financial changes.
- If owners face financial hardship and cannot rent out their property, they may fall behind on payments, increasing the risk of foreclosures.
- Some owners may rent out their homes informally or to family members, making it hard to track compliance.
- If a rental cap is reached, the HOA must manage a rental waitlist, which can become an administrative burden.
- Enforcing rental caps may require more resources, tracking, and legal oversight, leading to higher HOA management expenses.
- Because rental caps can significantly impact homeowners, it’s essential for HOAs to carefully consider the pros and cons before implementing a restriction.
How to Implement a Rental Cap
If an HOA decides to introduce a rental cap, the process doesn’t happen overnight. It typically requires:
- Discussion with the HOA board and community members to weigh the benefits and challenges.
- A formal vote, often requiring approval from at least two-thirds of homeowners.
- Legal review to ensure the restriction aligns with state laws and governing documents.
- A clear enforcement plan, including tracking rental status and managing a rental waitlist if needed.
Because implementing rental caps is a major policy change, an HOA management company can help guide the process, provide legal insights, and ensure smooth enforcement.
Need Help Managing Rental Caps?
Navigating rental caps and other HOA policies can be complex. A professional HOA management company like RealManage has the expertise to help associations implement, track, and enforce rental restrictions while ensuring compliance with regulations.
Contact RealManage today to learn how we can support your HOA in managing rental caps and other community policies.