LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCivil CodeDiv. 4Pt. 5Ch. 5Art. 1§ 4741 Rental Restrictions In Hoas

§ 4741 Rental Restrictions In Hoas

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4741 Rental Restrictions In Hoas

Key Takeaways

  • •If you own a home in a shared community (like a condo or townhouse), the rules can't stop you from renting it out.
  • •The community can't say 'only 10% of homes can be rented'—it has to allow at least 25% of homes to be rented.
  • •The community can still ban super short rentals (like less than 30 days, such as Airbnb).
  • •If the community breaks these rules, they can be fined up to $1,000.

Example

You own a condo in a big building, and the building rules say only 10% of condos can be rented out.

This rule is illegal because the law says at least 25% of condos must be allowed for rent. If the building tries to enforce the 10% rule, they can get in trouble and have to pay a fine.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4741 Rental Restrictions In Hoas

(a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b) A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased. (c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less. (d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest. (e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner. (f) A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governing documents to comply with this section. Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amend any declaration or other governing document no later than July 1, 2022, that includes a restrictive covenant prohibited by this section by either deleting or restating the restrictive covenant to be compliant with this section, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document. A board shall provide general notice pursuant to Section 4045 of the amendment at least 28 days before approving the amendment. The notice shall include the text of the amendment and a description of the purpose and effect of the amendment. The decision on the amendment shall be made at a board meeting, after consideration of any comments made by association members. (g) A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property. (Amended by Stats. 2021, Ch. 360, Sec. 6. (AB 1584) Effective January 1, 2022.)

Last verified: January 21, 2026

Key Terms

common interest developmentseparate interestaccessory dwelling unitsjunior accessory dwelling unitsrental or leasing

Related Statutes

  • § 4739 Owner Rental Rights Protection
  • § 4740 Rental Restrictions In Hoas
  • § 4715 Pet Ownership In Hoas
  • § 6706 Pet Ownership Grandfather Clause
  • § 4710 Homeowner Noncommercial Sign Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4741.
View Official Source