Short-term rentals over the holidays: an HOA short-term rental policy that works

Holiday travel means more listings and more visitors. Your HOA short-term rental policy should be clear, enforceable, and calm. Put the rule in the right document, define the basics, and use a simple escalation path. Keep neighbors first. Use evidence, not emotion.

1) Put the rule where it belongs (your CC&Rs)

If you restrict or ban short-term rentals, the authority must live in the CC&Rs, not just rules or bylaws. If there’s no clause today, you’ll likely need an owner vote to amend. Some states also limit blanket bans, so confirm before you draft.

Amendments should define “short-term rental,” set minimum terms (e.g., 30+ days), and follow your formal amendment process (often supermajority). Work with counsel to do it once, right.

Once passed, you can add the new CC&Rs to your digital document storage.

2) Respect state-law edge cases (examples)

California: Caps below 25% are not allowed; 31-day leases are valid; ADUs/JADUs with an owner on site can be rented without counting toward the cap.

Florida: Post-2021 amendments that restrict <6-month rentals or >3 rentals/year apply to all owners; earlier documents keep their prior effect. (Source)

3) Define the basics (what counts, where, when)

Most HOAs treat “short-term rental” as 30 days or fewer. Say it plainly. Then add guardrails owners and guests understand: registration, quiet hours, parking, and how common areas can be used.

Noise and nuisance belong in your policy. Spell out quiet hours. Tie them to your existing nuisance clause so enforcement is consistent.

A tip here is to host these rules on your HOA website so that information is updated and at-hand for anyone.

4) Publish a fine schedule and hearing process

Make consequences predictable. List typical violations (unregistered rental, over-occupancy, quiet-hour breach). Pair each with escalating fines and your hearing rights. Rules must be enforceable through fines under your enforcement policy.

Owners are responsible for their guests. Your policy should say fines for guest violations pass to the owner, and repairs can be charged back when damage occurs.

5) Proof that sticks (URLs, contracts, screenshots)

Require owners to register each rental with dates, guest count, and contact details. Keep a simple record for every stay. Ask for the listing URL and proof of booking (e.g., a platform screenshot). Maintain signed guest rules or a short rental agreement in your files.

A lightweight rental-management tool helps. Send rules to guests before arrival and track who is visiting. That reduces disputes later.

6) A neighbor-first escalation flow

Keep tempers down by using a ladder:

1. Talk first. Encourage a friendly knock or message when noise pops up.
2. Report. If it continues, the neighbor submits a simple form with time, unit, and what happened.
3. Courtesy notice. The board/manager sends a same-day note to the owner with the rule excerpt and what to fix.
4. Violation notice + hearing. Repeat issues trigger formal notice, a hearing offer, and the next fine on the schedule.
5. Escalate by policy. Larger fines or amenity suspensions where allowed; charge-backs for damage.

This works because it blends clear rules, documented evidence, and known penalties. Hence, no surprises.

7) Limited-common-area and signage tweaks

Post quiet hours by pools, grills, and club rooms. Remind guests that owner priority applies in limited/common areas. Tie signs back to the policy language so staff can point to the rule, not argue preferences.

8) Owner communication kit (copy-paste ready)

Ship these three templates with your policy:

• Pre-stay owner email: “Here are the HOA rules to forward to your guests. Reply with your dates, headcount, listing URL, and emergency contact.”
• Guest one-pager: Quiet hours, parking map, trash, amenities, and “call the owner first.”
• Holiday reminder post: “Renting this season? Register your dates before guests arrive. Fines apply for unregistered stays.”

These templates align with the record-keeping and pre-arrival notice approach above.

Do you need a software to easily share this communication kit? You could consider Anyhoa.

9) Legal guardrails on amendments

One more nuance: some states limit new restrictive covenants if they don’t relate to existing ones. In Washington, for example, courts held that creating a new STR prohibition may require unanimous consent when documents allow only amendments, not brand-new restrictions. Know your jurisdiction before you promise a simple majority ban.

Holiday checklist (do this now)

• Confirm your CC&R authority and state-law constraints.
• Publish a one-page STR policy with definitions, occupancy, quiet hours, registration, and fines.
• Turn on a light-touch registration workflow and store contracts.
• Pre-schedule your holiday reminder and guest one-pager.
• Brief the board on the escalation ladder.

That’s how you avoid drama and keep peace when visitors arrive.

Bottom line

Clarity prevents conflict. Write the rule into the CC&Rs, keep the policy short, collect simple proof, and escalate in steps. Owners stay accountable, neighbors feel heard, and the holidays stay calm. (This article is general information, not legal advice.)

FAQ – HOA short-term rental policy

1. Can our HOA ban short-term rentals outright? Yes, if your CC&Rs authorize it and you follow the formal amendment process. Some states limit new rental bans. Example: Washington courts require unanimous consent where documents allow amendments but not brand-new restrictions unrelated to existing covenants. Put authority in CC&Rs, not only rules.
2. What should our fine schedule and process look like? Publish clear, escalating fines (e.g., unregistered rental, over-occupancy, quiet-hour breach). Offer a hearing. Enforce consistently. Daily fines and legal action for repeat violations are common. Keep the violation ladder: courtesy notice → formal notice/hearing → escalating fines/charges for damage.
3. What “proof” actually holds up? Require owner registration for each stay (dates, headcount, emergency contact), the listing URL, and a signed guest rules sheet/contract. Keep screenshots of listings and booking confirmations. Monitor STR sites and visitor parking; document complaints with time/place and follow a standard notice workflow.
4. How do we handle noise, nuisance, and common-area strain from guests? Codify quiet hours, occupancy, parking, and amenity rules in policy; tie to your nuisance clause. Remind that owners are liable for guests. Expect pressure on parking and amenities during holidays—plan signage and capacity rules ahead of time.

References

Bual, H. (2022, November 10). Is your homeowners association limiting short-term rentals within your planned community – and if not, should they? Lasher.

Condo Control. (n.d.). Can an HOA restrict short-term rentals? Condo Control.

Eclipse Community Management. (2025, June 23). Managing the short-term rental surge: A guide for HOAs. Eclipse Community Management.

Destin Dreamers. (n.d.). What you need to know about homeowner association (HOA) rules for short-term rentals. Destin Dreamers.