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I have a HOA in Phoenix area that has decided they don’t want nightly rentals. The CC&Rs don’t currently specifically rule it out but they are citing a no business clause that more relates to running a business that involves deliveries and pick ups.
Has anyone fought a HOA with a similar situation? I’m about to have a lawyer send a letter but wondering if I should wait until I’m actually fined as opposed to warning letters. Arizona passed a law last year (State Bill 1350) preventing Cities/Townes from preventing AirBnB type rental use but the HOA THINK they are above that. Not sure how a judge would rule if the HOA amends their rules since the state law would precede the HOA’s future change in their rules which would go against the new law.
The HOA is above the law. If the language is too vague they will just have a vote and amend it. You are screwed. Your only hope is to get active on the board and fight before they take a new vote.
To be fair, they also make lazy neighbors keep their properties in good condition, don’t let people park 4 cars on their front lawn, require homeowners to keep their landscaping nice, fences painted and standing up, etc.
