Can an HOA impose restrictions on leasing or renting of properties?

Yes, it is possible for an Homeowners Association (HOA) to impose restrictions on leasing or renting of properties in Washington. Under Washington State law (RCW 64.38), HOAs are allowed to adopt reasonable rules and restrictions related to the use and occupancy of units within the association, including rules and restrictions related to leasing or renting of units. These rules must be consistent with the HOA’s governing documents, which are the documents that create the HOA and define its rights, duties and powers. These documents typically include a declaration of covenants, conditions and restrictions, as well as other documents such as bylaws and articles of incorporation. In addition, HOAs are required to provide written notice of the proposed rules to all members of the HOA and provide an opportunity for them to comment on the proposed rules. The rules imposed by the HOA should be reasonable and enforceable. They should also be specific, set forth clearly what is allowed, and be limited to protect the health, safety, and welfare of all residents. Common restrictions imposed by HOAs include the number and type of occupants, the number of vehicles that can be parked in the community, and restrictions on leasing or renting. In Washington, any dispute regarding the validity or enforcement of an HOA rule can be taken to the courts. It is important to note that the courts will consider the reasonableness of an HOA’s rules in deciding whether to enforce them.

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Can an HOA impose restrictions on leasing or renting of properties?

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