ARTICLES & NEWS

HOMEOWNERS ASSOCIATION ARTICLES

Short-Term Rentals Can Adversely Affect Communities

By Christopher Combs | June 19, 2022

Question: Last week you discussed the comments of a happy owner of a short-term rental home in Peoria that was rented during the six weeks of the baseball spring training season. We are from South Dakota and are not familiar with short-term rentals. Why is there such a controversy about short-term rentals in Arizona? Answer: Prefatory comment: I am reminded of the great WWF wrestler Rowdy Roddy Piper, dressed in his famous kilt, yelling back at an angry, booing crowd, and saying, “Just when you think you know all the answers, I change the questions!” RIP Roddy. Arizona was the…

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CC&Rs Can Be Amended to Prohibit Short-Term Rentals

By Christopher Combs | May 1, 2022

Question: There is so much information on the Internet about whether the CC&Rs of a community can be amended to prohibit short-term rentals. Just answer “yes” or “no,” please. Answer: Unfortunately, there is no absolute “yes” or “no,” as it depends on the language in the CC&Rs. The CC&Rs of most communities, however, can be amended to prohibit short-term rentals. First, in the beginning paragraphs of most CC&Rs, there is precatory language such as, that the goal of the CC&Rs is to have “peace and tranquility” in the community, “open spaces” in the community, and to “preserve property values” in…

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Ban On Short-Term Renters Requires Unanimous Vote

By Christopher Combs | March 20, 2022

Question: We live in a condominium community in central Phoenix. In the last two years we have had a number of the condominiums being used as short-term rentals. The result is that our condominium community is now much noisier and less friendly. A large group of us want to amend our CC&Rs to prohibit short-term rentals in our condominium community. Our CC&Rs require 67% of the condominium owners to agree to any amendment of our CC&Rs. Although 67% of the condominium owners will probably agree to this amendment if we present our arguments against short-term rentals, there will have to…

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Short-Term Rental Would Not Be ‘Grandfathered’

By Christopher Combs | December 26, 2021

Question: We have owned our Gilbert home for 30 years. In the last 2 years we have been the unfortunate neighbors of a short-term rental home. This short-term rental home has been a nightmare with parties every night, police being called, etc. If our community amends our CC&Rs to prohibit short-term rentals, is the neighboring short-term rental home “grandfathered” or will the short-term rentals have to stop? If the short-term rental home is not stopped, we want to sell our home. Will we have to disclose this short-term rental home? Answer: First, if the CC&Rs are amended to prohibit short-term…

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When Handyman is Required to Have Contractor’s License

By Christopher Combs | December 19, 2021

Question: We own a rental home in Chandler. We recently received a notice from the HOA that our rental home needed to be re-painted. When we contacted our next-door neighbor to see if the HOA had ordered him to re-paint his home, our next-door neighbor said that he had received the same notice. He also said that for $4,000 he would paint our rental home just like his home to comply with the HOA notice. After we paid him $4,000, and he did the painting of our rental home, the HOA said that there was never an approval for the…

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Rules Prohibiting Short-Term Rentals Probably Enforceable

By Christopher Combs | December 12, 2021

Question: We live in a Cave Creek community with CC&Rs that do not prohibit short-term rentals. Our HOA board of directors, however, recently amended our Rules and Regulations to prohibit short-term rentals of less than 30 days. Although our CC&Rs do not prohibit short-term rentals, our CC&Rs specifically state that the Rules and Regulations for our Cave Creek community are incorporated by reference. We live in this Cave Creek community, and we are delighted by this amendment to our Rules and Regulations. Other homeowners in our Cave Creek community, however, use their homes exclusively for short-term rentals. They oppose these…

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CC&Rs Can Be Amended to Prohibit Short-Term Rentals

By Christopher Combs | October 10, 2021

Question: We have CC&Rs for our community of 123 homes in North Phoenix. In the last 2 years, several of the homes in our community have been sold to short-term rental owners (“STRs”). These STRs have become nightmares with parking problems, loud parties, etc. Any amendments to our CC&Rs require approval by 51% of the homeowners, and we have support from more than 51% of the homeowners. Can we amend our CC&Rs now to prohibit STRs? If so, will the existing STRs be “grandfathered” to continue to be able to do short-term rentals? Answer: First, on April 29, 2021, a…

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Homeowners Should Demand CC&R Enforcement

By Christopher Combs | September 19, 2021

Question: We recently purchased a home in a new Peoria subdivision. One of the reasons that we purchased this home was that we liked the architectural and landscaping standards required by the CC&Rs for all homes in our subdivision. The CC&Rs also state, however, that our HOA is controlled by the developer’s representatives until 75% of the homes in our subdivision have been sold. At this time, only 50% of the homes in our subdivision have been sold. The problem now is that our HOA is not enforcing the CC&Rs, especially the exterior painting of at least eight homes in…

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