Hosting in Scottsdale, Arizona - LEGAL

[Elaina8]

I’ve recently been getting several right ups from my HOA in regards to “noise complaints”. The most recent was on my 60+ yr old guests having the TV on at 9:30pm. Now I have to go in front of the board and present my case. It’s due to my downstairs person, who is also a renter, and has made several racist comments and harrasses guests and my cleaning lady. We have a 30 day renter rule in the HOA handbook. However, in Arizona it is legal to rent on Airbnb and my understanfding is that I have the right to rent for any period of time. Are there any suggestions on what I should do here? Is there a place to go for Airbnb legal help?

[Rj29]

@Elaina8 I have the same problem. I am looking to buy a condo in Phoenix and the HOA requires 30 day minimum rental. I have looked at their CC&Rs and it does not state the rental term to be minimum 30 days. However it does state that transient tenants are not allowed. I have looked up the definition ok transient tenants and it seems like hotel guests are transient tenants.

I have heard about the AZ AirBnB law as well. It says any city/town/county should not be prohibited from vacation rental. But I am not sure how you can use it to overrule HOA rules. I think HOA CC&Rs (rules) are very old and existed way before the AZ AirBnB law.

HOWEVER - I saw a listing on AirBnB for a Condo, I am familiar with and their HOA says they require 30 day min rental. So I am not sure how that condo unit is listed on AirBnB for short term rental. Maybe HOA is just not aware. And the condo unti has been on AirBnB for almost 2 years now

Please let me know what you hear back from your HOA. Thanks and Good Luck !

[Daniel-and-Heather0]

The AZ state law says it cannot be regulated, but HOAs are free to regulate. It just cannot be regulated by cities.