FHA certification and leasing has long been a thorn in condominium communities’ sides. Therefore, it’s important to remember what types of leasing restrictions are acceptable for purposes of FHA certification and what types of restrictions are not acceptable.
To summarize, condominium declarations and rules may:
- Require owners to have written leases and supply the association with copies of such leases;
- Require leasing owners to provide the association with names of the renters;
- Require minimum lease terms (30 days or higher);
- Set forth maximum lease terms;
- Limit total number of rentals in community (not to exceed 50%)
On the flip side, condominium declarations and rules may not:
- Allow for leases that are less than 30 days in length (whether by individual owner or mortgagees);
- Require prospective tenants to be approved by the association
If your condominium declaration or rules contain restrictions contrary to the above, you should consult the association’s legal counsel to discuss amendment of the declaration prior to applying for FHA certification or recertification.
For additional information about the FHA, see our article “FHA Condominium Certifications: The Requirements and Prohibitions”.