An HOA often has the power to limit or prohibit renting or subletting a property. This should be spelled out in the CC&Rs that a buyer signs when they initially join the HOA. These documents can regulate the use of the property, which may include stating that the homeowner is not allowed to rent that property to someone else.
This is not automatically done in every case, however. Every HOA is going to have its own rules and regulations. This can sometimes lead to disputes, where a homeowner believes they have the right to use the property as they want, including renting it to a third party, while the HOA leadership says that this is not an authorized use.
Short-term rentals and Airbnbs
In some cases, the HOA will move to prohibit a certain type of rental, such as a short-term rental. It may state that the property can be rented as long as the terms of the lease state that the rental period is greater than 30 days, for example.
Often, this is done to combat people using their homes as Airbnbs. The HOA may be fine with having a long-term renter in the space, as long as they adhere to all of the rules and regulations regarding upkeep of the property, maintenance, aesthetic restrictions, pet allowances, parking rules and things of this nature. But they may not necessarily want to have an endless string of renters coming in for just a day or two at a time, which is common with Airbnbs.
This is why it is so important for all sides to review the documentation carefully. There can be a significant number of rules regarding how a property can be used, and miscommunication over how these rules apply can sometimes lead to disputes.
When these disputes do arise, the parties involved may need to know about the legal steps they can take to reach an appropriate resolution.