Our California HOA Rules limit Renting of our Units, but Our Declaration of Conditions, Covenants and Restrictions (“CC&Rs”) permit Renting of our Units

Which HOA document controls whether or not a unit can be rented? The CC&Rs are deed restrictions on all of the properties. As such, as to what you can and cannot do on, in or around the property is controlled by the CC&Rs. The HOA is permitted to pass Rules, but the authority and substance of the Rules must be permitted under the CC&Rs and applicable Statutes. Some HOAs incorrectly believe that they can pass whatever Rules are deemed to be appropriate for the community. This is an overreaching and incorrect statement.