What does a 20 percent HOA rental cap actually do to a new buyer who intends to rent?
Take a 3/2 in a subdivision built maybe eight years ago, about 90 houses, where the price and rent look like they work for a first rental. Then the CC&Rs come off the county site and there is a section capping rentals at 20 percent of the homes, plus a 12 month minimum lease. The listing agent's take is the usual one: nobody enforces it and half the street is already rented. What matters is what the cap actually does to a buyer who closes when the number is already maxed. Does the HOA get to tell the tenant to leave? Does the owner sit on a waitlist with a vacant house? These caps are often said to grandfather whoever bought first, which sounds like it means nothing for a new buyer. And it is not obvious who to ask, the management company or the board.