Being a part of a homeowner’s association (HOA) can be beneficial to your property value, but it can also be a significant source of stress if the HOA is trying to impose its will on your property. It’s always recommended that you take whatever legal steps are necessary to find out just how much power your HOA has over your property, which may be much more than you initially thought. For example, you may ask, “Did your Arizona HOA illegally change the rules to stop your VRBO”
Harper Hall PLC understands the inherent difficulties of an HOA case. Going against your HOA can have lasting personal consequences for you, but that doesn’t mean you should let them do whatever they wish. Arizona HOA laws can be hard to understand if you’ve never had to navigate them, which is why you need the help of an HOA attorney. Kevin Harper and his team have almost three decades of experience working with clients across Arizona.
Did Your Arizona HOA Illegally Change the Rules to Stop Your VRBO?
If you discover that your Arizona HOA has changed the rules just to stop you from hosting a Vacation Rental by Owner (VRBO), then you should immediately hire an HOA lawyer to look through your case and determine the right way forward. You may have a the ability to challenge the HOA’s actions, and there’s nothing wrong with seeking accountability from a group that has targeted you. You may want to check the Arizona Planned Communities Act to learn more.
Depending on your neighborhood’s Covenants, Conditions, & Restrictions (CC&Rs), your HOA could restrict residents from hosting short-term rentals. However, before you pursue any legal action, you should find out if yours can legally do that. In 2025, there were over 3,000 HOAs across Arizona, and 68% of polled residents said that their community associations had a positive effect on their property value. That doesn’t mean they are always correct in their actions. Here’s what you can do:
- Check your CC&Rs. Above all, you need to be completely certain that you are legally in the right before filing a claim against your HOA. You should consult an HOA lawyer, who can review your HOA’s CC&Rs and see if there was already a ban on short-term rentals, like VRBOs, when you bought the property. If that’s the case, the rule may be legal and enforceable, depending on how the ban was originally implemented.
- See if the board acted without member consent and/or whether there was unanimous consent. HOAs may try to ban short-term rentals simply by having the board vote on the matter or getting the majority of community members to support the ban. However, per Arizona property law, in many cases an HOA cannot amend its CC&Rs without complete unanimous consent from every homeowner in the community, including you.
- Challenge the rule change. If your HOA board suddenly chose to amend its CC&Rs independently just to prevent you from hosting a VRBO, you have options to challenge that course of action. You can request documentation to see the exact recorded amendment. You can also file an administrative petition with the Arizona Department of Real Estate (ADRE) for a formal hearing. Furthermore, you can seek legal counsel for more options.
- Seek legal counsel. Finding an HOA lawyer who can explain your options may be the most effective course of action available to you. After all, you may not be entirely sure if you’re in the right throughout this ordeal, and certainty can bring you reassurance at the very least. Your lawyer can determine if your HOA has overstepped its authority and done something illegal.
FAQs
Can an HOA Restrict an Airbnb in Arizona?
Yes, an HOA can restrict an Airbnb in Arizona, or they can prohibit them entirely. However, they can only legally do this if there is a pre-existing restriction present in the HOA’s CC&Rs. They can’t simply create a sudden new rule because they don’t like what you are trying to do. To modify the CC&Rs, they may need to get a supermajority of members to agree, or even unanimous approval from every member of the community.
What Is the Most Common and Complained-About HOA Violation?
While people have many complaints about HOAs, two of the most common ones are landscaping neglect and improper parking. HOAs want residents to have well-kept lawns, not overgrown grass and neglected bushes. They want people to park in their driveways. They don’t want anyone parking on the grass or storing boats or RVs out in the open. However, many residents see these complaints as violations of their privacy.
How Do I Get Around HOA Airbnb Restrictions in Arizona?
Unfortunately, you can’t really get around HOA restrictions for Airbnbs in Arizona if the prohibitions are legally valid. You only have options if there is no ban and the HOA implemented one without getting proper consent from the community residents. In such ases there’s a good chance that the new ban is unenforceable, and you should consult a lawyer to find out.
Should I Hire an HOA Lawyer?
Yes, you should hire an HOA lawyer. Going up against an HOA with an inflated sense of power can have significant consequences for you and your home that you may not have considered. It’s not uncommon for HOAs to target residents who stand up to them. A good lawyer can make a plan to hold them accountable and prevent retaliatory actions.
Be Sure to Hire an HOA Lawyer
The wisest move you can make in a situation like this is to contact a lawyer and find out whether your complaint is valid or restricted by the HOA’s pre-existing rules and regulations. At Harper Hall PLC, we can build your case while also doing what we can to prevent the HOA from causing you further complications. Contact us to speak with a member of our team about your options.
