Your property rights are important to you, and that’s understandable. Having to navigate the sometimes-overbearing rules and regulations of an HOA can be frustrating at times, especially if those rules interfere with an investment you’ve made into a short-term rental, like a VRBO or an Airbnb. It’s vital to the continued success of your rental that you make sure you’re not in the wrong. Defending your property rights can be difficult without a lawyer’s experience and advocacy.
Having the right HOA attorney on your side during this ordeal can be critical. An HOA case can easily become complicated and emotional, especially if you have never dealt with the Arizona HOA laws before. You don’t want to end up making a costly mistake that causes you to shut down your rental. Harper Hall PLC has almost three decades of experience working with clients across Arizona. We can explain exactly what your options are for continuing your rental.
What Do You Do If the HOA Changes the Rental Rules?
It’s important to remember that HOAs are not rare in Arizona. In 2025, there were over 3,000 community associations throughout the state. Many people enjoy the amenities that come with an HOA, with 67% of polled Arizonans describing their interactions with their HOAs as positive. However, that doesn’t invalidate your own experiences if your HOA has been confrontational, rigid, and invasive of your privacy. You may want to explore the Arizona Planned Communities Act.
Never forget that you have the right to challenge the HOA’s rules, especially if you are grandfathered in. Legally amending an HOA’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is not an easy task, and it usually requires much more than just a majority vote. However, you can take steps to confirm your position, take a stand against the HOA’s attempts to subvert you, and pursue legal action if necessary. Here are some of those steps:
- Verify the governing documents. If the HOA wants to broaden restrictions on short-term rentals, it must first amend the CC&Rs. To do that, they need to get unanimous consent from every member of the community. If you purchased your property before any new changes regarding rentals were made to the CC&Rs, you may be grandfathered in and unaffected by those changes. Confirm whether the rules apply to you or only future buyers.
- Review tenant restrictions. By state law, if a rule regarding short-term rentals was not officially recorded before you purchased the property, the HOA cannot then apply new, arbitrary restrictions retroactively unless, in most cases, a supermajority or unanimous vote is made. The HOA can mandate rules for new tenants, such as tenant registration, but state law protects how much information they can demand from your tenants.
- Seek formal redress. If you believe that your HOA has overstepped with its interference, you should attend the HOA meetings. There, you can submit a formal written response to the board that cites the CC&Rs or even state law. If internal resolution doesn’t work, it’s recommended that you hire an HOA lawyer to assist you in filing that petition, just to be safe.
- Consult a lawyer. It’s always recommended that you have experienced legal support when trying to go against an HOA. HOA laws and wider CC&R contract laws can be complicated if you have no prior experience with them. Hiring an HOA lawyer can be the safest and smartest move to protect and defend your property rights in Arizona.
FAQs
What Are Some Examples of Unreasonable HOA Rules?
Any HOA rule can be considered unreasonable if it:
- Drastically oversteps into your personal privacy.
- Attempts to control your daily life.
- Violates state or federal laws.
- Enforces arbitrary aesthetics.
For example, banning children from common areas or using certain amenities can be viewed as unreasonable. Banning service animals from the community is not only unreasonable but illegal. If you feel the HOA has overstepped, contact a lawyer immediately.
What Rights Do Renters Have in an HOA in Arizona?
Renters in an Arizona HOA are entitled to standard tenant rights provided by the state. However, they don’t have direct membership privileges in the HOA, as they are not home-owning residents. Renters can enjoy certain neighborhood amenities and have the right to challenge any citations they are given, but they have no direct voting rights or any standing whatsoever with the HOA board. The landlord is the one bearing legal responsibility.
Can HOAs Ban Short-Term Rentals in Arizona?
Yes, HOAs can ban short-term rentals in Arizona, but they can only do so if that restriction is explicitly stated in the community CC&R guidelines. An HOA cannot decide to ban rentals by passing a regulation or board rule without first following proper voting procedures, which can also be found in the CC&Rs. If the HOA tries to do this, you should either confront them with documented evidence or seek assistance from an HOA lawyer, who can build your case.
What Are the Signs of a Dysfunctional HOA Board?
There can be many signs that an HOA board is dysfunctional. There may be significant dysfunction if the HOA:
- Struggles with transparency.
- Is consistently argumentative or condescending.
- Only enforces rules selectively.
- Mismanages finances.
- Holds ineffective meetings.
A dysfunctional HOA can lead to neglected maintenance, unfair treatment, and high turnover among board members. You may want to become more actively engaged to combat this.
Be Sure to Hire an HOA Lawyer Soon
There’s nothing wrong with doing whatever you can to defend your property rights and prevent an HOA from using underhanded methods to try to keep you in line. You may be well within your rights to have a short-term rental investment, and hiring an HOA lawyer can prove to be invaluable in defending those rights. At Harper Hall PLC, we can provide you with the advocacy you need to see this through. Contact us to speak with a team member about your options.
