Renters in an HOA

Hi Again. I live homes in Florida in a 55+ Community of approximately 575 Homes. We are nearing "Turnover" with the Developer and I am trying to get a hold on the number of homes that are being rented in our community. Are there regulations available that when a homeowner wants to rent that can be enforced so that we keep our 55+ Community (HOPA, 80/20) status? I am currently getting a vague answer from the Management Company (who obviously still works for the Developer) in regards to a current census.

The 80-20 rule applies to tenants as well as homeowners.

If your covenants, conditions and restrictions (CC&Rs) have a rental restriction in them, it may state that lease agreements must contain a clause stating that the tenant must comply with all of the provisions in the CC&Rs. This is pretty common.

Aside: if your community doesn't have a robust rental restriction, now is the time to address this (assuming your state law allows it). Without such a restriction, a community can easily become a "renters' paradise", especially if you're located in an area that attracts tourists. Creating or amending your restriction requires approval by a majority of the voting interests in your association (and often a super-majority of 67% or 75%). Once landlords get a toehold, you won't have to necessary votes to approve an amendment. This is why it's a time-sensitive issue. Communities with too many renters often have difficulties enforcing the CC&Rs in general, not just the ones related to 55+ requirements, so this is relevant.