Cal. Civ. Code § 4740(a) states that “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 the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.” Thus, an owner subject to Association Rules who was or is renting a unit prior to an association rule governing rentals is enacted, will not be subject to the Association Rules governing rentals in the association.
Owners of separate interest units contemplating renting their unit should first consult their CC&Rs and applicable association rules to determine when the rule was enacted and whether their rental will be held subject to those rules.