HOA QuestionsColoradoCan an HOA restrict or ban long-term rentals?
CO·Colorado Revised Statutes §38-33.3

Can an HOA restrict or ban long-term rentals?

Quick Answer

Yes, HOAs can restrict rentals if the CC&Rs say so. Common restrictions include minimum lease terms, rental percentage caps, HOA approval of tenants, and no-subleasing rules.

The General Rule

Rental restrictions are one of the most impactful CC&R provisions, affecting investment strategies and property values. Common restrictions include minimum lease terms (6 or 12 months), maximum percentage of units that can be rented (often 20–30%), application and HOA approval of prospective tenants, background check requirements, and prohibition of subleasing. Rental caps also affect mortgage eligibility — Fannie Mae and FHA have rules about investor ratios in condo communities. HOAs cannot impose restrictions that violate the Fair Housing Act.

Colorado-Specific Rules

COColorado Revised Statutes §38-33.3

Colorado HOAs can impose rental restrictions via CC&Rs. Colorado municipalities like Denver and Aspen have separate STR licensing requirements that operate independently of HOA rules.

Why Your CC&Rs May Be Different

State law sets the minimum floor — but your community's CC&Rs, bylaws, and board-adopted rules may be stricter, may include exceptions, or may have been amended recently. The only way to know exactly what applies to your community is to read your specific governing documents.

Most CC&Rs are 40–120 pages of dense legal language. Finding the exact section that answers your question can take 20–30 minutes — if you can find it at all.

Get the exact answer from YOUR community's documents

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