Opinion

Mason: Short-term rental court opinion may limit HOA powers

Posted 3/29/22

Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion.

This opinion changes the assumption that …

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Opinion

Mason: Short-term rental court opinion may limit HOA powers

Posted

Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion.

This opinion changes the assumption that CC&Rs may protect communities from predation by STRs. The STR issue is much larger than nuisance, party houses, responding to noise, parking and trash violations.

STRs are predatorily disrupting communities, and now CC&Rs may offer no protection.

Every STR, essentially, another hotel, disrupts community, and is one less home for somebody who’s actually contributing to our communities. This opinion shows the importance of allowing cities and towns to fully regulate STRs to bring balance back to neighborhoods overwhelmed by STRs and to alleviate pressure on housing that is displacing the workforce, disrupting businesses, and sinking the quality of life for local residents.

This opinion establishes the need to reexamine, and possibly repeal, ARS 9-500.39 and protect Arizona communities. Cities and towns need more freedom to regulate STRs. STRs don’t need more protections.

One wonders how many, like Governor Ducey, now living in gated communities realize community CC&Rs may not limit STRs in their communities.

Editor’s Note: Dave Mason is a resident of Scottsdale and a part of the city’s Short-Term Rental Working Group.

Comments

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  • pistolpunkin

    Many Arizona citizens may have been under the false impression that they were protected from Short Term rental disruption in their community because they live in an HOA. That is no longer the case as evidenced by the recent court opinion. Out of state STR operators have undertaken a slow assault on HOA boards around the state, converting them to fair game for STR operators. Hopefully Arizona residents as a whole will now realize that no one is protected from Short Term rental disruption and destruction in their neighborhoods.

    Thursday, March 31 Report this