Can an HOA restrict rentals in Arizona?

Question

Accepted Answer

Yes. In Arizona, a homeowners' association may prohibit or restrict rental use of a member's property through its declaration, including rental time-period restrictions; absent such a prohibition in the declaration, a member may use the property as a rental, and any rental must comply with the declaration's rental time-period restrictions .

However, once a rental is permitted, Arizona law limits what the association may demand:

- Tenant information is capped. On rental of a property, the association may not require disclosure of any tenant information beyond the name and contact information of adults occupying the property, the lease time period (beginning and ending dates), and a description and license plate numbers of the tenants' vehicles — or, in an age-restricted community, a government-issued photo ID confirming the tenant meets the age requirements .

- Fees are capped. The association or its managing agent may charge no more than $25 for requesting those disclosures, payable within 15 days after the postmarked request, chargeable only for each new tenancy and not for lease renewals; aside from that fee and recreational-facility fees, the association may not treat rental property differently from owner-occupied property .

- Certain demands are prohibited outright. The association may not require a copy of the tenant's rental application, credit report, lease agreement, or rental contract; may not require a tenant to sign a waiver limiting the tenant's due-process rights as a condition of occupancy; and may not bar a member from serving on the board of directors based on the member not occupying the property .