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According to the Foundation for Community Association Research, around 75.5 million Americans reside in HOA communities.
If you're a homeowner residing in an HOA community, you already know that you have to follow your HOA rules and bylaws. For example, not paying fees for maintenance and upkeep of the neighborhood can result in penalties, restriction of privileges, etc.
Now, if you're wondering if renting out your property in Phoenix, Arizona, won't get you in trouble with your HOA, here's what you need to know about rentals in HOA communities.
Rentals in HOA Communities: A Look at Relevant AZ Laws
Besides checking your HOA community regulations, you must understand the AZ laws that affect rentals in HOAs.
Specifically, you should check key sections under Arizona Revised Statutes (ARS) § 33-1260.01 and § 33-1806.01. You can use your property as a rental unless stated in your community's Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
If you're an HOA board member, it's also worth it to double-check your HOA rental policies. Per ARS § 9-500.39, cities and towns may not prohibit vacation or short-term rentals. However, these are still subject to HOA rental restrictions, so if you need clarifications on what you can and cannot do as a "landlord," it's best to consult a lawyer or an expert HOA manager.
Renting in HOAs: Common Rental Policies in Phoenix, AZ
Suppose you haven't talked to an HOA manager yet but want to rent out your property ASAP.
Before advertising your rental, be sure to research what your community's CC&Rs say about:
- Lease restrictions
- Occupancy restrictions
- Ownership requirements
HOA tenant guidelines will specify minimum lease lengths and their purpose, as well as the number of residents allowed in the rental based on the size of your property. Some HOAs also have specific rules about owners needing to occupy a home before renting it out.
Managing Rentals Within an HOA
The process of managing rentals in HOA communities can be challenging, especially for first-time landlords. Consider working with a professional HOA management company to ensure compliance with laws.
For HOA boards, there are many advantages to working with HOA association management companies. Not only can they help navigate rental issues, but they also assist in conducting tenant screenings and maintaining communication with other community members.
They will also help enforce rental restrictions. These are super important as violations have to be appropriately addressed. Rental restrictions also ensure community harmony is maintained.
Need Help With Your Phoenix HOA Rental?
Once you've checked that rentals are allowed by your HOA, don't forget to check your community's CC&Rs to avoid violations, penalties, and fines.
Should you need help with policies and restrictions governing rentals in HOA communities, don't hesitate to enlist professional help. PMI Phoenix Valley is a full-service property management company with over two decades of experience in Phoenix real estate.
We can help with financial and administrative management, as well as maintenance and building management. You may schedule a consultation to learn how we can help your HOA rental be compliant and profitable.
