FHA-allowed leasing restrictions in condominiums has been a hot topic as of late. As we all know, a condominium’s legal governing documents may place restrictions on the leasing of units in the condominium. These restrictions can vary greatly and recently HUD clarified what is and is not allowable.
“If the homeowners association has approval authority of a unit owner’s ability to lease his/her unit either directly or indirectly, the condominium is ineligible for project approval with FHA.”
During the ensuing discussion, the following clarifications were offered.
Allowable Leasing Restrictions
The association can
Restrict total number of units that can be rented at any given time
Restrict the total percentage of units that may be leased at any given time
Create a hardship clause for exception to the first two above
Require that the Board be provided with a copy of the lease
Require that the lease must be in writing
Request the names of the tenants
Require that the lease conforms to the legal governing documents of the association
Set minimum and maximum lease periods
Require unit owner to check the Registered Sex Offenders list
Require rent to be assigned to association if the unit owner is delinquent in the payment of his/her common charges
Provide corporate leasing restrictions
Require Board review of lease [May not require approval of lease]
Require that the lease be on a specific form
Non-allowable Leasing Restrictions
The association cannot
Outright restrict leasing of all units (at least one unit in the condominium must be allowed to be leased) [**See Note below]
Require that the unit owner own the unit for a period of time prior to being allowed to lease the unit
Require Board/HOA approval of lease
Require Board/HOA approval of modifications to, alterations of, amendments to or extensions of lease
Be granted automatic power of attorney by the unit owner upon purchase of a unit
Restrict a unit owner’s ability to lease his/her unit if he/she is delinquent in the payment of common charges
Require potential tenants to sit with the Board
Require credit references
Require criminal background checks (except for Registered Sex Offenders list)
Require Board/HOA approval of tenant
Have the power to void leases (leases cannot be voidable by a third party)
Allow transient leasing
Allow accommodations typically associated with a hotel, such as maid or front desk service.
**NOTE: There are two exceptions where an association can outright restrict leasing: age-restricted communities and condominiums where 100% of the units are under Affordable Housing restriction.
If you have specific leasing restriction questions, please contact us. We would be happy to answer any of your questions on this matter. Approvals@readysetloan.com