What to Do When an HOA Won’t Let You Rent Because There’s “Too Many”

What to Do When an HOA Won’t Let You Rent Because There’s “Too Many” Rentals By Jorge Vazquez, CEO of Graystone Investment Group

The other day, one of my agents hit me up—kind of in a panic.

He said, “Jorge, my client just tried to rent out their townhouse and the HOA flat-out told them: ‘Sorry, we’ve already hit the max number of rentals.’”

Naturally, the client was shocked. He bought the property assuming he had the right to lease it—and now the HOA was pulling the rug out from under him.

So the agent asked me to take a look. I dug through the docs—read the amendments left and right—and guess what?

Nowhere in the rules did it say anything about a rental cap. No section, no vote record, nothing recorded with the county. Just a vague “that’s how it is” response from the HOA.

And that’s why I’m writing this. Because this isn’t just a one-time thing. It’s happening all over Florida. Investors and homeowners are being blocked from renting based on rules that may not legally exist.

So if your HOA tells you “you can’t rent because there’s too many,” here’s exactly what to do.

Step 1: Don’t Panic—Ask for the Rule

HOAs love to talk tough. But at the end of the day, they have to play by the same rules as everyone else.

If they tell you there’s a rental cap, calmly ask:

“Can you show me the exact section in the governing documents where this rental cap is stated?”

Make them pull out the receipts.

Step 2: Get All the Governing Docs

Not just the amendment. Not just a summary sheet. You want:

• Full Declaration of Covenants (CC&Rs)

• Bylaws

• Rules and Regulations

• Leasing/Rental Policies

• Amendments (with recording stamps)

If they can’t show you a written and recorded rule—they can’t enforce it.

Step 3: Florida Law Might Be on Your Side

Thanks to Florida Statute §720.306(1)(h), HOAs can’t just add rental caps and apply them to everyone. If you bought your property before the rule was passed—or didn’t vote to approve it—you might be grandfathered in.

In plain English: new rental restrictions can only apply to new owners or those who agree to them in writing.

So if your client owned the unit before the rule existed, the HOA might be completely out of line.

Step 4: Call Their Bluff

If they still won’t provide proof, send a simple message:

“We’ve reviewed the documents and do not see any language regarding a rental cap. Please provide the specific section, amendment number, and adoption date. Otherwise, we plan to proceed with leasing the unit in accordance with the current rules.”

That alone is often enough to make them back down.

Step 5: Talk to a Real Estate Attorney

If they’re still being difficult? Time to bring in backup. A quick letter from an attorney can do wonders. It doesn’t have to be aggressive—just professional. Something like:

“My client is being denied their right to lease their property without a written and enforceable rule. We request clarification and documentation, or we will proceed accordingly.”

Most HOAs don’t want legal smoke. They want compliance. But that doesn’t mean they can bully people into giving up their rights.

Why HOAs Pull This Move

Let’s break it down:

• Perception control: Some owners believe rentals lead to lower property values.

• Loan eligibility: Lenders get nervous if a community has too many rentals.

• Control freak boards: Some HOA boards just like having power. It’s not about rules—it’s about control.

But none of those reasons matter if they aren’t backed by the actual documents.

What If You Just Go Ahead and Rent It?

If you’ve done your homework and found no enforceable rule, you might choose to lease the property anyway.

Worst-case scenario? The HOA tries to fine you. But if there’s no written rule in the docs, you have a strong legal defense.

Document everything. Keep emails. Screenshot the docs. Have your lease in writing. And if the HOA gets aggressive, escalate to an attorney.

Real Story: I Had to Help Another Investor

Another investor in Florida ran into the same thing. HOA told him there was a cap—but the docs said nothing. We helped him push back, asked for proof, and eventually rented the unit without any issue.

Sometimes, they’re just hoping you’ll give up.

Don’t Let That Happen

This is your investment. This is your property. And unless there’s a legally recorded rule stopping you, you have every right to lease it.

So don’t get scared off. Don’t assume the HOA is right. Ask for the rule. Read it yourself. Push back if needed.

And if you ever want help reviewing HOA docs or pushing back the right way—you know where to find me.

Focus keyphrase: HOA rental restrictions Florida
SEO title: What to Do When an HOA Won’t Let You Rent Because There Are “Too Many” Rentals
Meta description: HOAs often say you can’t rent because there’s “too many” leased units. But is that legal? Learn your rights and how to fight rental caps that aren’t in writing.

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Keep it consistent, stay patient, stay true—if I did it, so can you.
This is Jorge Vazquez, CEO of Graystone Investment Group and all our amazing companies, and Coach at Property Profit Academy.
Thanks for tuning in—until the next article, take care and keep building!

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