Texas has no general restrictions on HOA rentals in both inium and homeowners associations. Therefore, if an HOA wants to ban rentals, they must include it in the governing documents — specifically, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
This restriction is less common but may be implemented in communities that value owner-occupancy. In California, however, Civil Code Section 4741 does not allow HOAs to prohibit or unreasonably restrict owners from renting out their homes.
This means that HOAs can prohibit short-term rentals, such as Airbnb and VRBO listings which would rent the unit or lot or room within the unit or lot while the owner still occupies it, if they don't require a minimum lease term longer than 30 days.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
Code § 4160.) The majority of the rights granted to members under the association's governing documents or the Davis-Stirling Act therefore do not extend to renters, nor may they be validly transferred to renters.
Members are usually only those who own the lots within the association. This means that an owner's spouse, attorney, or tenant may not be allowed to attend HOA meetings. Not all HOAs strictly enforce this rule.
Members Only (with exceptions) Can Attend Meetings. California's community associations are not part of the public sector; they are private membership organizations. As a result, the general public does not have a right to attend board or membership meetings.