Florida:
If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?”
The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of leases per year or impose mandatory waiting periods before a homeowner is allowed to rent their unit.
California:
https://www.condocontrol.com/blog/new-rules-about-rental-restrictions-in-california/
As of July 1, 2022, Civil Code section 4741 provides that associations cannot have restrictions in their governing documents, or make amendments to the governing documents, that prohibit or unreasonably restrict “the rental or leasing of any of the separate interests, accessory dwelling units (ADUs), or junior accessory dwelling units (JADUs) in the HOA to a renter, lessee or tenant.”
Rental caps cannot be lower than 25%
Restrictions capping the number of rentals to less than 25% are no longer permitted. Caps can be 25%, 30%, etc.
