Mason: Short-term rental court opinion may limit HOA powers
Posted
By Dave Mason | Guest Commentary
Home Owner’s Associations may not be able to amend CC&Rs to limit short-term rentals per a March 22, 2022, Arizona Supreme Court opinion.
This opinion changes the assumption that CC&Rs may protect communities from predation by STRs. The STR issue is much larger than nuisance, party houses, responding to noise, parking and trash violations.
STRs are predatorily disrupting communities, and now CC&Rs may offer no protection.
Every STR, essentially, another hotel, disrupts community, and is one less home for somebody who’s actually contributing to our communities. This opinion shows the importance of allowing cities and towns to fully regulate STRs to bring balance back to neighborhoods overwhelmed by STRs and to alleviate pressure on housing that is displacing the workforce, disrupting businesses, and sinking the quality of life for local residents.
This opinion establishes the need to reexamine, and possibly repeal, ARS 9-500.39 and protect Arizona communities. Cities and towns need more freedom to regulate STRs. STRs don’t need more protections.
One wonders how many, like Governor Ducey, now living in gated communities realize community CC&Rs may not limit STRs in their communities.
Editor’s Note: Dave Mason is a resident of Scottsdale and a part of the city’s Short-Term Rental Working Group.
