AZHOC - Arizona Homeowners Coalition
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VRBO

We live in condominium complex in Phoenix. Our CC&R’s states a lease has to be for a period of at least 12 months.
Now we are faced with homeowners using VRBO and a minimum of 2 days.
I am sure other HOA communities are facing the same issue.
Sending violation letters and issue fines are not a deterrent and the question is how does the HOA collect the fines.
Is it true that you need a judgement to legally put a lean on a property to collect on CC&R’s
and violation fines. I do not find any statute dealing with this issue.
Thank you
Bente

6 Responses

  1. dennisl

    Bente

    The specific statute relative to liens for Condominiums is ARS 33-1256. And you are correct while the association has a statutory lien for assessment and does not require a judgement or to record that lien with the county, it must seek first a judgement and then record that lien for any fines, penalties or anything else that is not assessment based.

    Short term rentals are a very large hot button in all these communities especially since a law passed in 2017 preventing any municipality to regulate or prohibit those rentals.

    Dennis

  2. benteh

    Thank you Dennis. This is what I have told the board of directors and the property management company, but you know what they are like. Very uninformed.
    Thx again
    Bente

  3. Bente

    Hi again Dennis
    Do you know of any case where the HOA has been successful in getting a judgement on a CC&R violation regarding a lease.

  4. benteh

    Hi again Dennis
    Do you know of any cases where the HOA got a judgement against an owner for violating CC&R ‘s
    retal policy, short term VRBO versus CC&R’s 12month lease.
    Thx again for all your help
    Bente

  5. dennisl

    Bente
    No I do not know of specific cases where the association won a case against a homeowner. But the reality is the association does not have and seldom goes to court to apply fines or penalties. It would take a homeowner to sue the board based on fines or penalties that the board already applied to them. There have been and continue to be cases where homeowners sued the board for CC&R amendments dealing with short term rentals that were illegally implemented.
    Dennis

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