Can your Association (HOA) restrict short-term rentals?

With the rise of VRBO and AirBnB properties in the Phoenix and surrounding areas, many Associations have attempted to restrict short-term rentals. Unfortunately, the answer is quite complex and requires a review of your Covenants, Conditions and Restrictions (CC&Rs), as well as any amendments. The Bainbridge Law Firm understands the intricacies of the law and has successfully represented homeowners regarding rental restrictions.

Many times, the Association asserts that as the result of an amendment to the CC&Rs, homes may not be rented on a short-term basis. As of the date of this publication, the prevailing authority is Kalway v. Calabria Ranch HOA, LLC, and the amendment could be invalid. The Bainbridge Law Firm was successful in thwarting off an Association by the name of Village of Oak Creek in Sedona which was subsequently confirmed on appeal.

If the Association is challenging your right to rent a property on a short-term basis or if you are considering purchasing a property with the intent of renting on a short-term basis, call the Bainbridge Law Firm to fully understand your rights.