Arizona law states that a member of a HOA may use the member’s property as a rental property unless prohibited in the CC&Rs per A.R.S. §33-1806.01. Accordingly, unless the CC&Rs expressly restrict “vacation rentals,” “transient lodging” or “short-term rentals,” Airbnb and VRBO type rentals within a homeowner association community are probably lawful. If the current CC&Rs do not expressly restrict short-term rentals, then members desiring such restrictions will need to amend the CC&Rs to prohibit them. Otherwise the HOA can only require the “name and contact information for any adults occupying the property, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants’ vehicles.” The HOA can also upon request require the owner pay $25 per tenant.
