Some Rental Restrictions Disallowed

Dear Monica:   Our house is part of a Homeowners Association dating to the time the neighborhood was built.  Many owners want to rent their homes and Accessory Dwelling Units (ADUs) but the HOA rules don’t let them.  Is this restriction legal?  Cary M.

Dear Cary:    In 2021 California passed AB 3182 that prohibits rental bans in HOAs and allows homeowners who want to rent out their homes and ADUs to do so.  Many properties in California have the potential to be rented to persons in need of housing but can’t be rented under outdated homeowners association rules.  AB 3182 takes precedence over these restrictions.

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