Can Your HOA Regulate Short-Term Rentals in California? What You Need to Know!

by Christian Emsiek

If you’re on the board of a California homeowners association (HOA), chances are you’ve fielded concerns about short-term rentals (STRs) in your community. The rise of platforms like Airbnb and Vrbo has made STRs more common—and more controversial. Many HOAs are asking: Can we regulate or even ban short-term rentals in our community? And if so, how?

The answer lies in two key California laws—Civil Code sections 4740 and 4741—and one landmark case: Brown v. Montage at Mission Hills.

The Legal Framework: Civil Code §§ 4740 and 4741

Civil Code § 4740 makes one thing crystal clear: HOAs cannot enforce new rental restrictions against owners who bought their property before the restriction was adopted—unless they expressly agreed to such a restriction in the original CC&Rs when they purchased. In other words, any new rental restriction only applies prospectively.

Civil Code § 4741, enacted more recently, further limits HOAs by banning “unreasonable” restrictions on rental rights. For example, an HOA cannot impose a cap that prevents more than 25% of units from being rented, and it cannot prohibit rentals of more than 30 days. In effect, it protects the right to engage in longer-term leasing, while allowing some regulation of STRs.

The Brown v. Montage Case: What It Means for HOAs

The 2021 case Brown v. Montage at Mission Hills provides a practical illustration of how these laws work. In that case, a homeowner challenged the HOA’s attempt to enforce a short-term rental ban adopted after he had purchased his property. The court sided with the homeowner, holding that Civil Code § 4740 barred the HOA from applying the new rental restriction to him. The key takeaway? Rental restrictions adopted after a homeowner takes title generally cannot be enforced against that owner.

For HOAs, this case is a wake-up call. You can create and enforce reasonable STR restrictions—but only for owners who buy after the rule goes into effect, or who agreed to that restriction in the original CC&Rs. Otherwise, you risk legal challenges and costly litigation.

Best Practices: How HOAs Can Responsibly Address STRs

If your HOA is considering limiting or banning STRs, here are a few tips:
Review your CC&Rs and existing rules. Are there already provisions that limit rentals? Were they in place when current owners bought in?
Be prospective. New rules should apply only to future purchasers, unless your CC&Rs already include STR restrictions.
Stay reasonable. Avoid outright bans on all rentals or rules that violate Civil Code § 4741.
Consult legal counsel. Every community is different, and rental regulations can trigger significant legal exposure if mishandled.

Need Help Crafting an STR Policy That Complies with the Law?

Our firm helps HOAs across California create short-term rental policies that are clear, enforceable, and compliant with the latest legal requirements. Whether you’re updating your CC&Rs or drafting a new operating rule, we can help ensure your HOA strikes the right balance between protecting property values and respecting homeowners’ rights.