HOA Rental Restrictions & Airbnb Rules in California – 2025 Update
Disclaimer: This information is intended for California residents only and should not be considered legal advice.
A New Battle in California HOAs
California homeowners are reporting a growing trend: HOA boards are cracking down on short-term rentals like Airbnb and VRBO, often aggressively, inconsistently, and sometimes in violation of state law and their own governing documents.
Some residents host responsibly, one guest at a time, proper insurance, quiet arrivals. Yet they receive hefty fines, surveillance-level scrutiny, or even threats of legal action.
Others? Their neighbors run full-time Airbnbs without a single warning.
Welcome to community policing, HOA-style.
The real issue isn’t rentals, it’s power, and who gets to decide what’s “best” for the community.
The Problems Every Homeowner Should Watch For
Here are the most common issues homeowners in California are facing right now:
| Problem | Warning Signs |
|---|---|
| Selective enforcement | Some residents fined, others ignored |
| Vague or outdated CC&Rs | No clear definition of “short-term rental” |
| Overreaching fines | Penalties beyond what Davis-Stirling allows |
| Harassment or intimidation | Board members “monitoring” homes |
| Lack of due process | No IDR, no notice, no hearing |
What California Law Actually Says
Before your HOA threatens fines, bans, or lawsuits, they must comply with California law and proper procedure. That includes:
✔ Davis-Stirling Act Compliance
- HOAs must follow their own CC&Rs and bylaws
- Owners are entitled to notice + opportunity to be heard
- Violations must be enforced consistently across all homeowners
✔ AB 3182 (Effective Jan 1, 2021)
- HOAs cannot ban all rentals
- HOAs must allow at least 25% of units to be rented
- Applies to long-term rentals, but HOAs often misuse it to tighten ALL rental rules
✔ CC&Rs Must Be Legally Updated
Rental restrictions cannot be enforced unless they are:
- Legally adopted
- Properly voted on
- Disclosed to homeowners in writing
The Most Common Violations by HOAs
If your HOA is enforcing short-term rental rules, ask yourself:
❓ Is the rule clearly defined in the CC&Rs – or just verbally “enforced”?
❓ Were homeowners given notice, a vote, or a 28-day review period?
❓ Were rules applied equally – or only to certain owners?
❓ Did you receive due process – a hearing, formal notice, or IDR?
❓ Were fines escalated past what the law allows?
If the answer to any of these is NO, you may have grounds to challenge the enforcement – or reverse fines.
ACTION STEPS FOR HOMEOWNERS
1️⃣ Request Written Documentation
Send a written request, never just verbal, asking for:
- The specific CC&R section allowing the restriction
- Minutes of the vote adding the restriction
- Enforcement history (to check for selective enforcement)
- The due process record for your alleged violation
2️⃣ Demand Consistent Enforcement
Under Davis-Stirling, selective enforcement may constitute discrimination.
Use written requests, not casual complaints.
Written documentation can trigger your right to IDR and legal review.
3️⃣ Ask About Alternative Solutions
If noise, parking, or nuisance is the true concern, offer solutions:
- Host guest screening policy
- Noise/quiet hours agreement
- Guest vehicle registration
- Emergency contact protocol
HOAs must show they act in the least restrictive way possible before enforcing broad bans.
Your Rights Even If You’re in Violation
Even if a violation occurred, you still have rights under California law:
✔ Right to a hearing
✔ Right to written notice
✔ Right to review records
✔ Right to request IDR or ADR
✔ Protection from harassment, intimidation, or retaliation
The Core Question: Safety or Control?
The issue is rarely about rentals, it’s about control, power, and who gets to set the rules.
Responsible homeowners should not be punished simply for hosting guests occasionally. HOAs must follow law, transparency, procedure and basic fairness.
Need Help Navigating Your HOA? We’ve Got You.
If you believe your HOA is crossing the line, you do not need to fight alone.
Our HOA Victory Kit includes:
✔ Written request templates
✔ IDR demand forms
✔ Selective enforcement challenge
✔ Step-by-step strategy for reversing fines
Visit HOAVictoryKit.com to protect your rights and take back your peace of mind.
Final Reminder
This information is for California residents only. It does not constitute legal advice. Always consult with a qualified professional.
Do you think you have been taken advantage of?
- Let us know.