Can an HOA ban rentals?

Yes, when the recorded declaration says so, or when the owners amend it to say so. A ban or a limit written into the declaration binds every lot in the subdivision. A rule the board adopts on its own usually cannot ban leasing unless the declaration gives the board that power. Check the recorded declaration and its amendments for the parcel, not the association's website.

What a declaration usually says

Most declarations that restrict leasing do one of three things. They set a minimum lease term, most often 30 days, six months or one year. They cap the share of lots that may be leased at one time. Or they require the owner to live in the home for a period before leasing it. Some older declarations say nothing about leasing at all.

In the covenants Setback has read, as of October 19, 2026, 227 of 1,258 recorded documents say something about leasing, and 71 set a minimum lease term.

What to check before you buy

1. Read the leasing clause in the recorded declaration, and every amendment recorded after it.
2. Look for a grandfather clause. An amendment that adds a ban sometimes exempts owners who leased before the amendment was recorded.
3. Ask the association for its current rental count if the declaration sets a cap.

Where the law comes in

In Washington, chapter 64.90 RCW (the Washington Uniform Common Interest Ownership Act) governs how a declaration is amended and what a board may do by rule. Chapter 64.38 RCW covers older homeowners' associations until January 1, 2028, when it is repealed and those associations move under chapter 64.90. Read the sections that apply before you rely on a summary. The recorded documents control.