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VRBO / AirBnB

With recent legislation protecting VRBO/AirBnB reservation in the state of AZ, is it applicable to HOAs? Recently the HOA voted to limit short-term rentals to 30 or more days. Naturally, this would eliminate 99% of VRBO/Airbnb rentals to which I oppose. Kindly advise.

1 Response

  1. dennisl

    Derk,

    I apologize in the delay in responding to your question, i somehow missed your post. Over the last few years legislation has been proposed to restore some local control over short term rentals, mostly focused on taxation and registration. This year is no exception and several bills are going thru the legislature on this same topic. All of these bill focus exclusively on municipalities and not HOA’s or Condo’s. But Municipality regulations would also apply to any short term rentals in HOA’s and Condo’s. In 2017 when the State limited the ability of municipalities to regulate short term rentals a crisis arose in HOA’s who depended on those Municipality regulations to control short term rentals in their communities as well. This generated a rash of CC&R changes to control short term rentals in their communities.

    The problem is most of those amendments were improperly approved. You see despite what the CC&R’s say the approval requirements are for amendments State law and Property Servitude law both require that any amendment to the CC&R’s that add a new or materially different restriction on the use or occupancy of your private home require unanimous consent for approval. Depending on what your CC&R’s said prior to the last amendment i suspect that your community also fall into this category. The issue is not whether you like short term rentals or not it is about the rights of individuals to decide what and how they use their private property. If the CC&R’s have no restrictions on short term rentals than any home buyer has the right to assume that he can buy that property to use as a short term rental and even a super majority of other homeowners in the community cannot decide that for him.
    It is my belief that HOA’s should focus on the behaviors of short term rental renters and provide reasonable restriction that protect the quite nature of the residential community. You can easily do that with rules and with CC&R restrictions but you cannot tell someone that they cannot rent their homes after the fact without their consent.

    Dennis

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