Can an HOA Charge a Rental Fee?

Question:

My HOA Board after 10 or so years decided this year 2023 to impose a Rental Impact Fee on an owner non-occupied unit that is rented to a tenant. Also, our tenants are required to have background check while new owners are not. Do they legally have this kind of power to do so.

– Jim

 

Answer:

Hi Jim,

It is possible for an HOA to impose a fee for rentals as part of its rental policy. However, this should be indicated in your governing documents. Otherwise, the HOA may have no power to collect such a fee. The same goes for background checks, though background checks are generally not recommended due to liability issues.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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