Can You Be An Airbnb Host In An HOA Community?

Today, many homeowners rent their homes to strangers as a way to earn extra money. Airbnb facilitates this, but some people worry that their neighborhoods won’t allow it. So, can you have an Airbnb in an HOA community?

You can only host Airbnb guests in an HOA community if the Covenants, Conditions, and Restrictions (CC&Rs) allow it. The average HOA won’t let you rent your house to strangers, even if it’s under Airbnb’s reputable umbrella. You can face expensive fines and penalties for violating the HOA’s CC&Rs, so don’t do it unless you get permission.

Nobody can blame you if you feel like the HOA oversteps its bounds regarding what people can do on their own properties. Unfortunately, you must follow the rules, or else you may spend a lot of money on fines and damage your reputation. Follow along as we explore everything you must know about running an Airbnb in an HOA community.

Do HOAs Allow Airbnbs?

Most HOAs strictly prohibit members from renting their home out as an Airbnb. Some HOAs allow short-term rentals, but they must typically exceed 30 days, which is rare for an Airbnb. However, some HOAs also require members to request approval for rentals, whether they’re long- or short-term. Other HOAs are much stricter and prohibit any type of commercial use of homes in the community.

In that case, the HOA can fine you if you become an Airbnb host. Fine vary between HOAs, but they’re not worth the risk. HOAs are strict, and you can quickly burn bridges within the community when you violate rules. Only rent your home out as an Airbnb if you follow all the regulations laid out by your HOA. Otherwise, you may lose more money than you earn and suffer reputational damage in the community.

How Do HOAs Prohibit Airbnb Rentals?

Some HOAs strictly prohibit the practice, while others impose fines that make it not worth rbeing a host. HOAs predate Airbnb by many decades, and some communities have updated their Covenants, Conditions, and Restrictions (CC&Rs) to address them. However, many HOAs already have clauses in the CC&Rs that essentially apply to Airbnbs.

For example, HOA CC&Rs often prohibit rentals, high occupancy, and commercial use. Airbnb has become increasingly prominent in the United States, and more and more people want in on it. Follow along as we explore how HOAs prohibit Airbnb rentals.

Occupancy Limit

Many HOA communities have a section in the CC&Rs regarding the occupancy limit. For example, you can only have two people per bedroom and one additional person. If you have a two-bedroom house, only five people can live there under that rule. As an Airbnb host, there’s a good chance that your home will exceed the maximum occupancy at various times. You may not even know how many guests are going to stay in your home when you book them.

Not all Airbnb guests are honest, but you’re the one who will have to pay the fines. Of course, the HOA board isn’t going to look through your windows at night to make sure you’re following the rules. However, your neighbors may report you to the board if they suspect you’re running an Airbnb. In that case, you will likely receive a written notice warning you to stop, or you may get fined.

Guest Restrictions

HOAs typically impose restrictions regarding how long guests can stay. They predate Airbnb, but Airbnb certainly falls under the umbrella. Overnight guests are allowed, but they can typically only stay for 14 to 30 days maximum. That means long-term guests and rentals are strictly prohibited. Guests also have strict parking regulations, and nobody is allowed to park on private streets.

This can be difficult with guests if you don’t have enough space in your driveway. It’s hard to say whether the HOA will catch on and realize how long people stay at your house. However, the risk of fines imay have you think twice before converting your home into an Airbnb.

Commercial Use Restrictions

If you check your HOA’s CC&Rs, you will likely see a clause banning commercial use. For example, you can't run an autobody shop out of your driveway. This is no different than running an Airbnb inyour home. That said, HOAs typically allow remote work and some types of home businesses. However, they won’t likely let you run any business that generates much noise or may disrupt your neighbors.

More importantly, the HOA won’t allow any business that violates the CC&Rs. Airbnb violates HOA CC&Rs in many ways, such as occupancy limits, guest regulations, and rental restrictions. The HOA board will point to those factors if and when they prohibit you from running an Airbnb.

Rental Bans/Restrictions

The purpose of an HOA is to maintain community standards, property values, and exclusivity. That’s why joining an HOA can be so difficult and expensive, which turns some people off. These high standards also explain why the HOA board views rentals as antithetical to the community’s purpose. However, you can find HOA communities that allow short-term rentals. Some HOAs that allow temporary rentals charge members for renting their homes out.

This isn’t an outright ban, but it’s enough to make some people think twice before becoming an Airbnb host. Other communities ban rentals altogether, and you can face serious fines for violating the rules. They can fine you anywhere from $100 to $500 per day until the rental ends. Those fines will certainly exceed the amount of money you make from a short-term rental.

How Much Can The HOA Fine You For Running An Airbnb?

HOA fines may start small, but they can eventually climb to $100 to $500 per day that guests stay at your home. Other HOAs charge per violation, which could start at $100-$200 and quickly jump to $1,000 per violation. Fines don’t stay the same, especially if you repeatedly keep breaking the same rules.

For example, you may pay a few hundred dollars the first few times, then it may start at $1,000 going forward. The purpose is to dissuade you and other HOA community members from running an Airbnb. Just because the first fine is low at $50-$100 doesn’t mean you should keep pressing the matter. Then your $50 fine will turn into a $1,000 fine after multiple offenses.

Summing It Up

You cannot use your house as an Airbnb in most Homeowners Association neighborhoods unless the CC&Rs say otherwise. HOAs typically prohibit Airbnb rentals because they violate the commercial usage, guest, rental, and occupancy regulations. You may be fined between $50-$100 the first time, but the amount will increase as you repeatedly ignore the rules.

Related Guides:

• 11 Unenforceable HOA Rules
• What Can An HOA Fine You For?