Can My HOA Amend its CC&RS To Restrict Short-Term Rentals?
By: Christopher J. Charles, Esq.
A common question that many HOA communities face today is how to treat short-term rentals. The sharing economy has given a boost to Arizona’s economy, especially to its tourism industry. But one man’s blessing may be another man’s burden. Although short-term rentals have increased Arizona’s real estate values, opponents argue that transitory rentals are a nuisance to neighborhoods. Applying the Court’s holding in Dreamland, if an HOA’s existing CC&Rs do not already restrict rentals in the community, the CC&Rs cannot be amended to add a new restriction regarding short term rentals.
