Renting in an HOA? Understand Who Is Responsible for What

Renting a property in a homeowners association (HOA) community can be a great opportunity, but it comes with unique rules and responsibilities for both landlords and tenants. Many renters are unaware of HOA regulations, leading to unexpected fines, lease restrictions, and compliance issues. Likewise, landlords are responsible for ensuring their tenants follow HOA rules.

This guide explains the key responsibilities of landlords and renters in an HOA community, including HOA fees, rule enforcement, transferable rights, and non-transferable rights.

What is a Homeowners Association (HOA)?

A homeowners association (HOA) is an organization that manages and maintains a residential community, such as:

• Single-family homes
• Townhouses
• Condominiums and apartments

Homeowners pay HOA fees to cover community amenities, landscaping, and maintenance. While HOAs cannot prevent certain individuals from renting a home (per the Fair Housing Act), they can enforce rental restrictions, lease terms, and community guidelines.

Understanding CC&Rs and HOA Bylaws

Every HOA is governed by legal documents known as:

• Covenants, Conditions & Restrictions (CC&Rs): Define the rules that homeowners and renters must follow, such as pet policies, parking restrictions, and home maintenance standards.
• Bylaws: Outline how the HOA is governed, including board elections, voting procedures, and meetings.

Renters must follow the same CC&R guidelines as homeowners, and landlords must enforce these rules to avoid fines.

Who Pays the HOA Fees: Renters or Landlords?

Responsibility for HOA fees depends on the lease agreement:

• Homeowners are typically responsible for HOA dues, as the HOA can foreclose on the property if payments are missed.
• Some landlords include HOA fees in the rent, while others require tenants to pay them separately.

Renters should carefully review their lease agreement to determine their financial obligations. 

The Landlord's Responsibilities in HOAs

The HOA expects both the renter and homeowner, to abide by the regulations. Landlords must enforce the community's rules when tenants lease property from them. Homeowners must abide by the maintenance guidelines of their association.

For example, an HOA may demand a property owner to paint their home's exterior once a year. The landlord maintains the property, not the renters.  

An HOA may ask homeowners to take the following actions when renting their property to tenants.  

• Landlords should ensure renters follow all HOA rules in their rental agreements.  
• Homeowners should provide rental agreements with HOA rules to tenants. These legal documents ensure renters comply the association's regulations. The contracts should contain the landlord's emergency contact information.  
• Property owners must give governing documents (CC&Rs) and HOA rules to tenants before they move in.  
• Homeowners are responsible for tenants' violations.  
• Renters must submit all requests to the HOA through the property owners.  
• Some HOAs have regulations about how long tenants can lease a property. They can also limit the number of units that landowners rent.       

Four Transferable HOA Rights to Renters

When tenants rent a property in an HOA, they gain certain rights, including:

• Use of common areas: HOA governing documents may require owners to transfer access to pools, parks, and other amenities to their renters.
• Reviewing HOA records: While tenants cannot request HOA records directly, homeowners can authorize renters to inspect association documents.
• Serving on the HOA board: Some HOAs allow renters to serve on the board if no governing restrictions exist.
• Keeping pets: If an HOA allows pets, rules may not specify whether renters can have them, so tenants should consult the landlord before getting a pet.
• Each HOA has different policies regarding renter rights, so it's essential to review community guidelines before signing a lease.

Four Non-Transferable HOA Rights

While tenants can access certain HOA benefits, some rights are reserved exclusively for homeowners, including:

• HOA voting rights: Tenants cannot vote on HOA matters or serve as proxies.
• Attending board and membership meetings: Most HOAs restrict meetings to members only unless otherwise stated.
• Suing the HOA: Only homeowners can take legal action against the HOA or enforce CC&R violations.
• Using HOA dispute resolution procedures:  Renters cannot file complaints through HOA mediation; only homeowners have this right.
• If tenants have concerns about HOA policies, they must work through the landlord for resolution. 

Who Takes Action Against Renters that Break HOA Rules?

Homeowners' associations can't take direct action against renters that break their CC&Rs. They must notify landlords about the violation, and the owners must handle the issues.  

These organizations assess fines against the landlord if the tenant breaks the rules. The owners can recoup the fine if it's outlined in the lease.  

There are a few exceptions to this process. HOAs don't need to contact landowners if tenants commit a crime. They can contact law enforcement, instead. The group can also tow renters' cars. It is the tenants' responsibility to pay these fines.   

Protect Your Rights as a Renter

While renters must follow HOA rules, they are still protected by:

• State Landlord-Tenant Laws
• The Fair Housing Act
• The Fair Credit Reporting Act

Landlords must ensure leases comply with HOA regulations while respecting renter rights under state and federal laws.

If you are renting in an HOA community, understanding your responsibilities and rights can help prevent conflicts, fines, and lease disputes.

Need Help Managing HOA Rentals?

Navigating HOA rental policies can be complex. RealManage offers expert HOA management services to help:

• Homeowners understand rental regulations.
• Landlords enforce community rules.
• Renters stay compliant with HOA policies.

Contact RealManage today for professional HOA management solutions tailored to your community’s needs.