With the Super Bowl being hosted in Glendale, Arizona in February, 2023, a significant increase in short-term rental activity is expected throughout the Valley. On March 30, 2022, Governor Ducey signed SB1168, which impacts both Planned Communities and Condominiums, and places significant regulations on short-term rental properties. Please follow this link for the full details regarding SB1168: https://www.mulcahylawfirm.com/sb1168-vacation-rentals-short-term-rentals-enforcement/
In addition to the State-wide requirements set forth in SB1168, it is equally important for community associations to be aware of local ordinances impacting short-term rentals. The three (3) cities expected to be most impacted by the upcoming, anticipated increase in short-term rental activity are Glendale, Scottsdale and Phoenix. Below, please find a brief summary of each city’s short-term rental restrictions:
• Glendale: Ordinance No. O22-34 requires short-term rentals properties provide the city with contact information; requires short-term rental properties to at all times comply with all federal, state, and local laws, rules and regulations related to public health, safety, sanitation, solid hazardous waste, tax privilege licensing including advertising requirements, traffic control, pollution control, noise, property maintenance, and nuisance abatement; and, prohibiting non-residential uses.
• Scottsdale: Ordinance No. 4566 requires short-term rental properties to obtain an annual city license, which includes the following 5-step process (1) obtain a TPT license from ADOR; (2) apply for the Scottsdale license; (3) notify neighbors and provide proof of insurance; (4) comply with all Maricopa County requirements; and (5) maintain and, if necessary, update appropriate contact information.
• Phoenix: Phoenix City Code Article XVI, Section 10-194 requires short-term rental properties to register with the city, including maintaining and updating all appropriate contact information; and, displaying the phone number and email address of the owner or agent, who has authority and responsibility to handle complaints, in a conspicuous place within ten feet of the primary entrance inside of the vacation rental.
Accordingly, in addition to potentially enforcing the community association’s CC&Rs regarding impermissible short-term rentals and/or short-term rental activity (e.g. loud parties, unauthorized parking, maintenance issues, etc), community associations can also consider contacting local code enforcement for further assistance.
Please contact Mulcahy Law Firm, P.C. for answers to these questions and additional information and help with this issue.
