Question: We have a resident that has their casita and home on VRBO and Airbnb as a short term rental despite the fact that short term rentals are against our association’s CC&Rs. He has received notice and is now being fined, however refuses to pull the listing. Does our HOA have any legal actions we can take against the homeowner?
Answer: Yes. The association has many different legal options to handle this situation:
(1) Fine the owner under Arizona law for the violation of the association’s documents (after notice of the violation and an opportunity to be heard);
(2) Hire the Association’s attorney send a letter to the owner or call the owner and threaten a lawsuit for the violation (all legal fees will be passed along to the owner);
(3) File a lawsuit in superior court asking the court to grant a mandatory permanent injunction compelling the owner to stop renting the unit/lot in violation of the CCRs;
(4) File a petition with the Arizona Department of Real Estate for adjudication of the issue by an administrative law judge; and
(5) Send a letter to the online rental agencies listed above demanding that they take down the short term rental since it violates the Association’s CCRs.
Please contact Mulcahy Law Firm, P.C. for answers and additional information and help with this issue.
