DLG Wins Landmark Jury Trial Over Short-Term Rental Ban
A Victory for Property Rights. A Message to Overreaching HOAs.
Dessaules Law Group recently secured a major jury trial victory on behalf of homeowners challenging an HOA’s attempt to impose a sweeping short-term rental ban. The case marked what we believe to be the first jury trial of its kind in Arizona, setting a powerful precedent for property owners across the state.
The Dispute: When 75% Isn’t Enough
The HOA’s Board of Directors had recorded an amendment to the community’s CC&Rs, banning rentals of less than six (6) months. The Board claimed more than 75% of owners had approved the amendment—seemingly satisfying the threshold required for changes to the CC&Rs.
But the original governing documents included no restrictions on rentals whatsoever. Our clients, who voted against the change, knew that what was being proposed wasn’t a mere revision—it was a substantial and unforeseeable new restriction that affected their rights as property owners.
The Legal Strategy: Upholding Consent and Contract
Dessaules Law Group took the position that even though the CC&Rs allowed amendments with 75% approval, this kind of change—a new and material restriction on property use—required unanimous consent from all homeowners, not just a supermajority. We presented this legal argument before a jury, emphasizing the distinction between procedural amendments and substantive rights.
The Verdict: Justice Delivered in Just Over an Hour
After a two-day trial, the jury deliberated for just over an hour before delivering a decisive verdict:
The short-term rental ban was invalid.
It was a new and prohibited restriction, not contemplated in the original CC&Rs, and thus could not be lawfully imposed without full owner consent.
Why This Matters
We Don’t Just Represent Clients. We Deliver Results.
This outcome represents more than just a legal win—it’s a stand for fairness, homeowner rights, and contractual integrity. It sends a clear message to HOAs: You cannot rewrite the rules in a way that strips owners of fundamental rights without clear, unanimous agreement.
At Dessaules Law Group, we combine deep HOA law experience with courtroom skill to protect homeowners from overreach. Whether you’re challenging unfair restrictions, facing aggressive enforcement, or simply need to know your rights—we’re ready to stand with you.
Contact us today to schedule a consultation and learn how we can help.