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? [...]
Short-term rentals continue to be a hot button topic in Arizona, and throughout the Country. A recent opinion from the Texas Court of Appeals, Duncan v. Prewett Rentals Series 2 752 Military, LLC, No. 03-21-00244-CV (Tex. App. Aug. 19, 2022), contemplated whether a short-term rental, by operation of its use as a “party house” violated the private residential use restriction [...]
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 [...]
On March 30, 2022, Governor Ducey signed SB1168: VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT; HOAs into law which amends the Condominium Act and Planned Communities Act (A.R.S. Section 9-500.39 and 11-269.17, Repealing Section 42-1125.02, Section 42-5042, Relating to Vacation Rentals and Short-Term Rentals). This new law applies to planned communities and condominiums and will become effective on September 24, 2022. Set [...]
Extra! Extra! Arizona Legislature Opens January 10, 2022 The Fifty-Sixth Arizona Legislative Regular Session will start on Monday, January 10, 2022. In 2022, we anticipate that that there will be less discussion of COVID-19-related issues. However, as usual, we expect that the budget will be a huge topic as the legislative session progresses. A few expected HOA/condo hot topics in the [...]
The Supreme Court of South Dakota recently ruled upon a short-term rental case involving a community association. In Wilson v. Maynard, No. 29307 (S.D. Jun. 16, 2021), the community association’s declaration only permitted “residential purposes”. After the Maynards began renting their property to large groups as a short-term rental, a neighbor (Wilson) file suit alleging that the short-term rentals unambiguously [...]
The Fifty-fifth First Regular Session started on Monday, January 11, 2021 and is scheduled to adjourn on April 24, 2021. It’s been an interesting year at the Arizona Legislature so far! This session has been dominated by adoption of the budget and COVID-19/politically-charged issues. Yesterday, the Arizona legislature sent Senate Bill 1377 to Governor Ducey to sign. This bill will [...]
The Arizona Legislature has been busy, with a total of 1,350 bills having been introduced as of last week, several of which may potentially impact community associations. Despite a spike in COVID cases among staff, and potentially members, the Legislature expects to continue moving forward virtually. Below if a brief summary of some bills that we are currently tracking. HB2030 [...]
The 2021 “virtual” Arizona Legislature is in full swing and many bills have been introduced already in this session. Short term rentals are a hot topic for HOAs/condos in Arizona. Below is a brief summary of three pending bills in the Arizona legislature on short term rentals. It is expected that aspects of each of these pending bills will be [...]
While it is difficult to predict 2021 with 100% accuracy (hello...2020 COVID-19 pandemic!), here are our law firm’s 10 predictions for HOA and condo boards/managers in 2021. Continued Use of Virtual Meetings: Boards will continue to conduct virtual board/annual meetings until there is widespread vaccination available (and maybe even beyond!). I encourage boards and managers to check out our Cheat [...]
