Is Your HOA Restricting Short-Term Rentals? That May be Illegal
Can an HOA Restrict Rentals?
Short-term rental bans are sweeping across Arizona HOAs, but many of them may not hold up in court.
If your homeowners association is suddenly restricting Airbnb or VRBO rentals—or imposing strict rental minimums like 30 days or more—you’re not alone. These rules are becoming more common, impacting homeowners who rely on rental income or want flexibility.
But here’s the truth, most boards don’t want you to know:
In many cases, new rental restrictions are illegal without the unanimous consent of all homeowners.
That means even if a majority of your neighbors support the change, your HOA might be violating state law if they try to enforce it.
🚫 What HOAs Are Doing (and Why It’s a Problem)
Some associations are:
Banning short-term rentals outright
Enforcing minimum rental periods of 30 days, 90 days, or even one year
Blocking short-term renters from using common areas like pools or clubhouses
Passing new rules without proper legal authority
These rules often dramatically change how property can be used, and courts in Arizona have said that changes like this can’t be made unless every single homeowner agrees.
🧑⚖️ What the Law Says
Arizona law—and recent court rulings—protect your rights as a property owner. For example:
The Arizona Condominium Act requires unanimous consent for use restrictions that change how you can use your unit.
In Dreamland Villa v. Raimey, the court ruled that associations can’t rewrite the rules to impose major new obligations without full consent.
HOAs are legally required to act reasonably and fairly, and many of these restrictions don’t meet that standard.
⚠️ What You Should Do Now
If your HOA has passed new rental restrictions, don’t assume you’re out of options. You may be able to challenge the rule, keep your rental rights, and stop enforcement before it’s too late.
But time matters. Waiting too long could hurt your chances.
✅ Talk to an HOA Attorney Today
At Dessaules Law Group, we help homeowners fight back against unlawful HOA restrictions, including short-term rental bans. If your property rights are at risk, we’re here to help you protect them.
📞 Call us at (602) 274-5400
📅 Or schedule a consultation today