Rentals in an HOA Community: Are they Allowed in Tacoma, Washington? (2024)

Rentals in an HOA Community: Are they Allowed in Tacoma, Washington? (1)

By Jeff and Julie Cridlebaugh - Friday, November 24, 2023

HOA living is an attractive prospect for renters and homeowners alike. So if you own property in an HOA community, you'll have no trouble finding tenants to snap it up.

That's especially true in places with low rental vacancy rates, like Tacoma, where lawmakers are eager to mitigate the housing crisis. HOAs aren't above the law when it comes to prohibiting rentals, but they do have certain freedoms.

Find out everything you need to know about rentals in an HOA community, here.

Laws Surrounding Rentals in an HOA Community

Every HOA has a set of CC&Rs (covenants, conditions, and restrictions) managed by an elected HOA board. These regulations control certain aspects of community life and may forbid rentals of any kind.

If you bought a home in an HOA where the CC&Rs prohibits rentals, you must comply with this restriction. An HOA may only change these limitations after following the correct process.

These are the steps involved:

  • Proposing the change to the HOA board
  • Holding an HOA homeowners meeting to discuss the proposal
  • Homeowner's vote by secret ballot
  • The change is either approved or denied
  • Amending the CC&Rs

In cases where legislation demands a change, there will be no vote, but the HOA board will hold a meeting to explain the necessary changes.

HOA Rental Caps

The only way to determine whether an HOA allows rentals is to review their CC&Rs. In some cases, the HOA may place a cap on rentals.

This means that only a certain percentage of units may be tenant-occupied. Find out how close they are to reaching this cap before you buy a property in an HOA intending to rent it.

Some HOAs allow family members to occupy your unit, so you could rent it to your children or parents. Others only allow occupants whose names appear on the deed.

In all instances, an HOA may insist that you carry out screening on all HOA tenants before you rent your home.

You must check all these details before you buy an investment property in an HOA. If you try to get around the CC&Rs and get caught, you could face heavy fines.

An HOA can place a lien on your house due to unpaid fines and HOA fees, so you must know exactly what you're getting yourself into.

Short-Term Rentals

In most cases, short-term rentals aren't allowed in HOA homes. Most homeowners feel that short-term tenants have no vested interest in preserving the value of an HOA property and following the rules.

A few HOAs will allow short-term rentals, subject to certain provisions, such as time limitations. Others won't allow you to benefit financially from owning a home in their community.

Renting Your Home in an HOA

If you are one of the lucky homeowners who can benefit from rentals in an HOA community, it's wise to enlist the help of a property manager. PMI Cascade is familiar with all the laws surrounding HOAs and tenant rentals.

We can add valuable insights and experience to your investment property experience. Get in touch today to see how we make a difference for Tacoma landlords.

Author

Rentals in an HOA Community: Are they Allowed in Tacoma, Washington? (2)

Jeff and Julie Cridlebaugh

Owners

PMI Cascade is a full service real estate asset management company that provides professional community and association management. We provide homeowners associations and community associations with the highest quality property management services using state-of-the-art technology to keep them informed of how their associations are doing in real time, while providing home owners real time access to maintenance requests and billing.

PMI Cascade is a full service real estate asset management company that provides professional community and association management. We provide homeowners associations and community associations with the highest quality property management services using state-of-the-art technology to keep them informed of how their associations are doing in real time, while providing home owners real time access to maintenance requests and billing.

Rentals in an HOA Community: Are they Allowed in Tacoma, Washington? (2024)

FAQs

Can HOA restrict rentals in Washington state? ›

Every HOA has a set of CC&Rs (covenants, conditions, and restrictions) managed by an elected HOA board. These regulations control certain aspects of community life and may forbid rentals of any kind. If you bought a home in an HOA where the CC&Rs prohibits rentals, you must comply with this restriction.

Who regulates HOAs in Washington state? ›

Homeowners' associations in Washington State are primarily regulated by their own governing documents, which include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and other association rules and regulations.

Does local law supersede HOA rules? ›

Do local laws override HOA rules? Federal, state, and local laws take precedence over HOA rules, and HOA rules should not contradict or violate these laws.

Can an HOA limit the number of rentals in Texas? ›

Texas has no blanket restrictions on short-term rentals. Prohibitions on such use must come from the HOA or the local municipality. Most restrictions on short-term rentals are stated in the HOA's declaration. The declaration is a contract to which all homeowners are parties.

Is there any way to get around the HOA? ›

Even with a mandatory HOA, though, there are some options available to you if you'd like to attempt to leave:
  1. Sell your house. ...
  2. Invoke a de-annexation clause. ...
  3. Wait for the HOA or membership to end. ...
  4. Grandfather out. ...
  5. Organize to dissolve the HOA.
Jan 8, 2022

What power does HOA have in Washington state? ›

HOA Powers in Washington

Additional powers of an HOA are outlined in the HOA's governing documents. The governing documents can give the HOA numerous powers, including restrictions on home ownership. Some restrictions may include exterior paint colors, fencing, and parking requirements.

Can you dissolve an HOA in Washington state? ›

The members of any association may by the vote of two-thirds of the members voting thereon, at any regular meeting or at any special meeting called for that purpose, vote to dissolve said association after notice of the proposed dissolution has been given to all members entitled to vote thereon, in the manner provided ...

Can HOA restrict parking on public streets in Washington state? ›

Unless the local government authorizes the HOA, the HOA does not generally have the authority to enforce parking restrictions on public streets.

How much can the HOA fee increase in Washington state? ›

Washington law currently does not dictate a limit or maximum rate an HOA can raise its dues. Members also usually need not vote on increases in dues, except as otherwise provided in the declaration. Your governing documents may have their own limitations established when it comes to increases.

Can HOA Trump state law? ›

HOA rules cannot override state law. Any HOA rule that attempts to overrule a state law will be deemed unenforceable because the HOA can't force residents to break the law.

Can an HOA limit free speech? ›

Just as in the case with rights of assembly, an HOA's governing documents may not prohibit members and residents from “distributing or circulating” information about common interest development living, association elections, legislation, public elections, or the initiative, referendum, or recall processes”, but the ...

Is an HOA considered a local government? ›

Additionally, while HOA rules generally take precedence over local law, there may be instances in which local law does take priority. Finally, HOAs are not considered local government entities, but they do hold some administrative functions for a community.

How to get around HOA Airbnb? ›

The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.

Can an HOA restrict rentals in Nevada? ›

Unfortunately, unless rental restrictions already existed at the time the owner purchased the unit, you can't prohibit rentals.

Can an HOA evict a homeowner in Texas? ›

A homeowners association cannot evict a homeowner the same way that a landlord can evict a tenant. A landlord typically has a lease that allows the landlord to give the tenant a certain amount of time to correct a problem, move out, or face eviction.

How do I file a complaint against HOA in Washington state? ›

Unfortunately, there is no separate entity that governs homeowners associations in Washington. If your HOA board is partaking in illegal conduct, it is important to report the case to local authorities. For housing discrimination cases, you may report the issue to the Washington State Human Rights Commission.

Can an HOA evict a homeowner in Washington state? ›

The most important thing to know about HOA evictions is that your HOA can't legally evict you unless they own the home you're living in. They can place a lien on your house if you don't pay your HOA fees, even if your mortgage is up-to-date.

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