Published January 15, 2021

Chris Combs On HOAs Prohibiting VRBO/Airbnb Short-term Rentals

Author Avatar

Written by Shanna Day Team

Chris Combs On HOAs Prohibiting VRBO/Airbnb Short-term Rentals header image.

From the advice of one of our preferred Attorneys, Mr. Chris Combs of Combs, Gottlieb & MacQueen, P.C.:

HOAs Can Prohibit VRBO/Airbnb Short-term Rentals

 

Question: We own a home in the Arrowhead community in Peoria. For two years we have done VRBO/Airbnb short-term rentals of this home for small weddings and birthday parties. Last Saturday afternoon we rented the home for an eight-year-old's birthday party. Although our rental agreement said no more than 10-12 guests, the mother invited 30 guests who also brought grandparents and other family members. All of the parking on the street was full, and several neighbors complained to our HOA community manager. We now have a letter from the HOA's community manager stating that we are being fined because the CC&Rs prohibit any short-term rentals less than six months in the community. Numerous homes in our community have short-term rentals, including a home owned by a member of our HOA board of directors. If there have been other short-term rentals in our community for years, how can we now be prohibited from doing short-term rentals? Also, isn't there an Arizona law that allows short-term rentals?

 
Answer: The general rule is that a specific CC&R, e.g., no basketball goals in the front yard, may be considered abandoned or waived if there has been no enforcement of frequent violations of that specific CC&R, unless there is a non-waiver clause in the CC&Rs. Many CC&Rs have a non-waiver clause that states that, even if a specific CC&R has not been enforced in the past, future enforcement of that specific CC&R will be allowed. Therefore, even if there has been a frequent violation of a specific CC&R such as no short-term rentals, but there is a non-waiver clause in your CC&Rs, that CC&R can still be enforced against the current and future violations.
In a 2010 Court of Appeals decision (241 P.3d 897) involving CC&Rs with a specific CC&R prohibiting the construction of private roads in the community, but also with a non-waiver clause, the Court of Appeals ruled that this specific CC&R was enforceable now, even though there had been prior violations of this CC&R by the construction of two private roads in the community.
The Court of Appeals also said that none of the CC&Rs will be enforced if there has been an abandonment of all of the CC&Rs, in other words, the CC&Rs have been "so thoroughly disregarded as to... destroy the effectiveness of the restrictions and to defeat the purposes for which they were imposed." For example, if there are 60 pages of CC&Rs that have never been enforced in the past 25 years, all of the CC&Rs now are unenforceable.

 
 

Get Your Home Sold With The Shanna Day Team Beautify/Ready To Sell Program!



Is Your Home Worth More Than You Think?



FUTURE QUESTIONS

If you have any topics or questions you would like answered, contact The Shanna Day Dream Home Team - we’ll find the answers for you!

Shanna Day Dream Home Team

Keller Williams Realty East Valley

480-415-7616

info@shannaday.com

ShannaDayTeam.com

EastValleyPropertyValues.com

View ShannaDay Dream Team Profile






Chris Combs On HOAs Prohibiting VRBO/Airbnb Short-term Rentals

|

home

Are you buying or selling a home?

Buying
Selling
Both
home

When are you planning on buying a new home?

1-3 Mo
3-6 Mo
6+ Mo
home

Are you pre-approved for a mortgage?

Yes
No
Using Cash
home

Would you like to schedule a consultation now?

Yes
No

When would you like us to call?

Thanks! We’ll give you a call as soon as possible.

home

When are you planning on selling your home?

1-3 Mo
3-6 Mo
6+ Mo

Would you like to schedule a consultation or see your home value?

Schedule Consultation
My Home Value

or another way