A Renter’s Guide to HOAs: Rights, Rules, & Responsibilities

Homeowners who live in a homeowners’ association (HOA) appreciate many benefits, such as shared amenities, increased camaraderie, and professionally maintained common areas. And these perks are equally enticing to prospective renters. Renters and landlords can both thrive in the HOA environment. 

While renters enjoy many of the same benefits as other residents, they must also abide by the same standards and responsibilities. With the right understanding, communication, and care, renters can have a rewarding experience living in a community association. In this guide, RHOME’s Bryce Ross, national director of property management, and Jason LeDell, regional operations manager, offer expert insights on HOA operations, HOA rules for renters, plus renter rights and responsibilities. Read on.

Why HOA Governance Matter to Renters

Many rental dwellers ask, “What’s an HOA?” Put simply, an HOA is a nonprofit organization that’s set up to help run, manage, and maintain a neighborhood, building, or other collective of homes. People who belong to an HOA elect a volunteer board of directors and pay dues. The board is the governing body of the community and runs the HOA on behalf of all community homeowners. They’re responsible for using funds wisely to maintain shared spaces and carry out other duties like rule enforcement, meeting management, and financial planning. 

A board oversees the rights, rules, and regulations of residents. Understanding how an HOA is governed not only allows renters to see what their rent money is funding, but also empowers tenants to voice concerns, create friendships within the community, and speak up for themselves.

Read More: HOA 101: What is an HOA?

 

HOA Rules for Renters

Every HOA is governed by a set of documents—called governing documents—that define the association’s authority and detail what board members and residents can and cannot do. In them, you’ll find HOA rules for renters, regulations, and other details about the community. All residents must abide by and thoroughly understand their community’s governing documents.

While landlords are expected to understand HOA rental rules, it’s equally important that tenants comprehend and agree to adhere to HOA rules. Most often, landlords retain the responsibility to pay dues, make official HOA requests on behalf of the tenant, and receive essential HOA notices. However, landlords should communicate to renters the duties required of them. 

What happens if a renter breaks the rules? Failure to comply may lead to violations and other consequences. 

Common HOA Rules for Renters

Landlords pass the requirement to follow all community rules and guidelines to the renter. HOAs set rules to ensure community standards are met and to align with applicable local, state, provincial, and federal laws. While every association is unique and has its own guidelines, some regulations are necessary to maintain structure in all communities. Common HOA rules for renters and all other community members include: 

·         Lawn, porch, and holiday decorations. If it's visible outside, it probably needs to be put away. Items like unused bikes, toys, flags, signs, or decorations may be restricted from front-of-house display.

·         Home maintenance standards. Residents may be required to keep their grass under a particular height or limit the number of trees in the front of the house.

·         Noise complaints. Noise policies may pertain to music at parties, construction, and even barking dogs.

·         Neighbor disputes. There’s likely a conflict resolution policy to manage disputes.

·         Parking. Neighborhoods often limit crowded lots by displaying parking signs, identifying guest parking spots, and providing parking tags or stickers.

·         Pet restrictions. Pet-friendly and pet-free zones, leashing, and cleanup rules apply in many HOAs.

·         Trash and recycling. Special rules may apply to storage and retrieval of curbside trash cans.

·         Amenity usage. Signs posted on common area grounds must be followed, or privileges may be lost entirely.

·         Behavioral standards. Codes of conduct and behaviors like smoking are usually addressed in the governing documents.

·         Safety and seasonality. There may be restrictions for fireworks, landscaping, and pests.

·         Maintenance responsibilities. Who is responsible for what is typically answered in the community’s governing documents.

·         Insurance. Many communities have rules regarding the types of insurance both renters and landlords may hold.

·         Move-in restrictions. Communities can enforce moving truck rules as well as any restrictions on days, times, and elevators used during a move-in.

Renter Rights in an HOA

Landlords transfer their right to use and enjoy common facilities and amenities to renters, but don’t transfer their voting or membership rights. While renters typically don’t attend HOA board meetings, they have every right to join community functions and experience the neighborhood and its amenities. Those rights have been transferred to their tenancy. Additional HOA tenant rights include: 

·         Quiet enjoyment of the community without excessive intrusion by the HOA or landlord.

·         Non-discrimination under the Fair Housing Act.

·         Habitability and the right to safety in the community.

·         Right to the disclosure of all rules and rule changes that renters are expected to follow.

·         Fair treatment under the same rules and conditions as all other residents.

·         Notices about significant community events and issues from the landlord.

·         Privacy and proper notice before the HOA can potentially enter a home.

·         Maintenance and repair requests in the community arranged through a landlord.

·         Participation and invitation to community events arranged by a landlord.

·         Due process in rules violations and an opportunity for the landlord to be heard if the HOA takes action against the renter.

HOA Responsibilities for Landlords

Many HOAs have restrictions on rentals. Landlords have a duty to ensure they’re legally permitted to lease their homes before renting them out. This is where guidance from an attorney or reviewing the governing documents to confirm the rental property adheres to the community’s laws is crucial. There might be additional tenant screening requirements, rental investment restrictions, and long-term lease stipulations. 

Landlords can benefit from these tips:

·         Ensure that the lease meets all HOA rules.

·         Confirm renters are able and willing to abide by those rules.

·         Review the rules together, if possible, to secure a mutual understanding.

·         Communicate clearly, early, and often when arranging the lease and move-in.

Additionally, landlords must usually provide copies of leases to the HOA along with documentation that renters have received, acknowledged, and agreed to abide by the rules. Sometimes, prospective tenants must even be approved by the HOA prior to move-in. 

Read More: HOA Rentals Dos and Don’ts

How Rentals Succeed in an HOA

Just like all other residents who live in a managed community, HOAs have rules for renters, too. However, rental owners can find great success in leasing their homes within a community association. Read our ebook, “How Rental Properties Succeed In An HOA,” to learn tips for a smart investment, the benefits and challenges of owning a rental property in an HOA, how to foster positive relationships, and much more.