Owner’s Right to Rent a Condo

by ritasimpson on March 26, 2012

in Home Owner Reference Guide

Owner’s Right to Rent Condo
A unit owner in a common interest development is exempt from any prohibition in a governing document against renting or leasing the unit, unless that prohibition was in effect before the owner acquired title to the unit. An owner’s right to rent under this law does not terminate for certain transfers of title, including probate, spousal, parent-to-child, adding a joint tenant, and other transfers exempt from property tax reassessments. For sales transactions, an HOA must disclose any prohibition in the governing documents against renting or lease (C.A.R.’s standard form Homeowner Association Information Request (revised 11/11)). For rental transactions, a unit owner must give the HOA verification of the owner’s acquisition date, and the name and contact information of the prospective tenant. This law does not apply to rental prohibitions in effect before 2012.
Senate Bill 150 (codified as Cal. Civil Code § 1360.2) (effective January 1, 2012).

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