If you may rent out a condo, now or later, confirm the leasing rules for that specific building before you commit. Listing remarks such as "rentable" or "investor friendly" are not a substitute for the governing documents. Rules differ from building to building and can change.
Do not infer leasing rights from the listing
Listing descriptions may be outdated or incomplete. Make your offer's review period long enough to read the actual documents and get written answers from the association or its manager.
Declaration, rules, amendments and written confirmation
- Recorded declaration and all recorded amendments
- Bylaws and current rules and regulations
- Resale certificate, which should reflect current restrictions
- Written confirmation from the association of the unit's current leasing status
Caps, waitlists, grandfathering and exceptions
Some associations limit the number or percentage of units that may be rented, maintain a waitlist, or allow existing rentals to continue under prior rules while new owners must wait. Exceptions may exist for hardship or family occupancy. Ask exactly where this unit stands and whether any rights transfer to a buyer.
Minimum lease terms and local rental rules
Many documents set minimum lease terms or prohibit short-term rentals. Separately, cities and counties may have their own rental registration, licensing or short-term rental rules. Check both the association documents and local requirements; one does not replace the other.
Can the rules change? Law and formation date matter
Leasing limits can sit in different documents, and each changes in a different way:
- Declaration: for communities governed by WUCIOA, RCW 64.90.285 sets a default of at least 67% of the association's votes to amend the declaration, unless the declaration specifies a different percentage of no more than 90%. Some amendments have special rules or need additional consents, an amendment that requires another person's approval is not valid without it, and an amendment takes effect only when recorded. The 67% figure applies to declaration amendments, not to every rental rule.
- Board rules and regulations: adopted through the process in the governing documents and the law, not by the declaration-amendment vote.
- Bylaws: amended under their own provisions.
Older communities may be governed by other statutes or their own documents. Because rules can change after you buy, ask which document contains the leasing limit and whether any change is proposed or discussed in recent minutes.
Pre-purchase leasing checklist and a scenario cash flow
- Current rental cap and number of rented units
- Waitlist position a new owner would receive
- Minimum lease term and short-term rental rules
- Tenant registration, fees or move-in requirements
- Pending or discussed amendments in minutes
- Local rental registration or licensing requirements
| Hypothetical monthly scenario | Amount |
|---|---|
| Assumed rent | $3,000 |
| HOA dues | $650 |
| Principal, interest, property taxes and your own unit (HO-6 / landlord) insurance (assumed) | $3,100 |
| Vacancy and maintenance allowance (assumed) | $300 |
| Monthly cash flow after debt service (not NOI or ROI) | -$1,050 |
Hypothetical figures only: $3,000 − $650 − $3,100 − $300 = −$1,050. HOA dues usually fund the association's master insurance policy, so do not add the master policy again in your own insurance line. Ask the association what the master policy covers and ask your insurer what your unit policy and any landlord coverage must cover. The figure excludes special assessments and any reserve shortfall.
If you cannot rent at all for a period because of a cap or waitlist, the same assumptions give $0 − $650 − $3,100 = −$3,750 a month, before utilities and upkeep you would carry while the unit sits empty.
Written confirmation record (fill in for the specific unit):
| Item | Answer |
|---|---|
| Unit number and address | |
| Who confirmed it (association or manager, name) | |
| Date confirmed in writing | |
| Current rental cap and number of units rented | |
| Waitlist position for a new owner | |
| Do any leasing rights transfer to a buyer? | |
| Which document contains the leasing limit |
Compare property types in our condo vs single-family home investment guide.
Frequently asked questions
Can an HOA stop me from renting my condo?
If the governing documents restrict leasing, yes, subject to the law and the documents' terms. Verify before buying.
What vote is needed to change rental rules?
It depends on where the rule sits. If the leasing limit is in the declaration of a community governed by RCW 64.90, the default to amend it is 67% of the votes, unless the declaration sets a different percentage of no more than 90%; any required outside approval must also be obtained, and the amendment takes effect when recorded. Board rules and bylaws change through different processes, and older communities may differ.
Are short-term rentals allowed?
Only if both the association documents and local rules allow them.
Sources
This article is general information, not legal, tax or lending advice. Rules and program terms change; confirm details with the relevant professional and the current official source.
