Can my HOA stop homes from being rented in Delaware? What to know

The couple down the street moves away, and their house is now rented by a half dozen people whose cars often block your driveway. They get loud, and you’re never sure who really lives there.

Would your homeowners association have the authority to intercede? Can an HOA prevent property owners from renting out their home?

The short answer is maybe, according to Greenville attorney Robert Valihura.

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«It’s really problematic at the beach with the short-term rentals. It is a very contentious issue,» Valihura said. «Homeowners who live there are now inundated with renters and they didn’t buy into a hotel situation – people coming in and out like it’s a hotel.»
Peninsula Lakes on Bay Farm Road in Millsboro June 7, 2021.
Peninsula Lakes on Bay Farm Road in Millsboro June 7, 2021.

Valihura is a partner at Morton, Valihura & Zerbato and a former member of the Delaware House of Representatives, where he was chair of the Housing and Community Affairs Committee. He’s an expert on HOA law, and when it comes to renting homes in an HOA, Valihura said, it all depends on governing documents.