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Articles Posted in Renters

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HOA Dealing with Unruly Tenants?

*Asked & Answered Asked – A renter/tenant within our community is continually engaging in improper conduct, violating the governing documents, and causing nuisances that are impacting surrounding homeowners. Is there anything the HOA can do to evict the tenant? What steps can the Board of Directors take to prevent situations…

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Court Upholds HOA Enforcement of ‘Maid Unit’ Rent Restriction

The ability of California homeowners associations (“HOAs”) to adopt and enforce restrictions on the renting of units has been limited by changes in the law over the past couple of years. Those changes have purported to provide greater protections for homeowners seeking to rent out their units to third parties.…

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HOA Gets ‘Smoked’ in Nuisance Enforcement Case

The problems posed by second-hand smoke have become a burning issue for California homeowners associations (“HOAs”), expecially condominium developments. A HOA typically does have the authority to adopt operating rules that prohibit smoking in common areas and exclusive use common areas; however, those rules may be insufficient to address problems…

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Can a HOA Member Inspect HOA Lease Agreements?

*Asked & Answered Asked – As a HOA member, do I have the right to see a copy of a lease agreement pertaining to a home that was acquired by my HOA through foreclosure of an assessment lien? Answered – Yes, you may request to see a copy of the…

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HOA Prohibiting Single Owners from Renting Out Multiple Units?

*Asked & Answered Asked – Can the Board amend the HOA’s CC&Rs to limit a homeowner who owns multiple units from renting more than one unit unless they live within the HOA? Answered – Yes. Provided that the requisite procedures are followed and membership approval is obtained, the Board of…

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Imposing Fees on HOA Members who Rent out their Homes?

The additional burdens that renters impose can be substantial for many common interest developments–especially those developments designed as “recreational communities.” Renters who lack a sense of investment in the community or who are unfamiliar with its operational structure can place greater strain on the community’s management and maintenance resources. This…

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2012 Legislative & Case Law Update Now Available

Our “2012 Legislative & Case Law Update” newsletter is now available in our library! The 2012 Legislative & Case Law Update provides an overview of the new legislation impacting California Homeowners Associations (“HOAs”) and the community association industry professionals who service them. The new legislation includes, among other things, bills…

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New Legislation Restricts the Ability of HOAs to Adopt & Enforce Rental Restrictions

*New Resource Homeowners Associations (“HOAs”) have traditionally encountered problems with renters in their communities. Because renters do not have an ownership interest in their units and the HOA, they may feel less invested in the community. This often results in renters failing to (1) comply with the HOA’s CC&Rs and/or…