Question: We live in North Phoenix with CC&Rs adopted twenty years ago that prohibit any rental of homes in our community for less than one year. In the last three years, for the months of January, February, and March, we have lived with our daughter in Tucson, and we then do short-term rentals (“STRs”) of our North Phoenix home. These STRs pay our mortgage for the entire year. We have never had any complaints from our neighbors. Last week we got a notice from our HOA’s attorney that, after reviewing Airbnb and VRBO listings, the HOA knows that we do STRs. Therefore, if we continue to do STRs and violate the CC&Rs, the HOA will get a Court injunction against us prohibiting STRs. Does the HOA have the right to a Court injunction if there have been no complaints from our neighbors about STRs?
Answer: Yes, unless there is specific language in the CC&Rs requiring complaints from neighbors in order for the HOA to enforce the one-year lease requirement. Therefore, if the HOA has proof of a STR rental of your home, a Court should issue an injunction against you to prohibit any STRs of your home.
Note: If you still do a STR after the Court rules against you, you could be held in contempt of court and fined, or even jailed.