In recent years, the rise of short-term rental platforms like Airbnb has transformed the way people rent out their properties. For Arizona homeowners who are part of a homeowners’ association (HOA), the ability to rent out their property can be a complex issue. Generally, Arizona law allows an HOA to restrict short-term rentals. However, even if the HOA prevents you from renting out your property, there may be legal questions revolving around the validity of those restrictions.
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The most important thing you can do is to understand your rights when your HOA is threatening to foreclose on your home. In Arizona, an HOA can foreclose on your home under certain circumstances, but only after they have followed the necessary legal procedures.
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Under Arizona law, an HOA can never blanketly prohibit the display of an American flag, so long as that flag is displayed consistent with the federal flag code. However, the HOA may adopt reasonable rules and regulations related to how your flag is displayed.
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Election season is around the corner and you want to show support to the political party that most closely falls in line with your way of life. Can the HOA stop you from posting political signs on your property?
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At some point, most homeowners who live in an HOA face some kind of dispute with either a neighbor or with the HOA itself. Some of those disputes can be quickly resolved via a conversation. Other disputes require more firepower. In the event that a homeowner needs that additional ammunition, there are a couple of different ways to seek redress. Some of those options are better than others.
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Accessory Dwelling Units (“ADUs”, “mother-in-law suites,” or “granny units”) are additional living quarters on the same lot as a primary dwelling unit. In recent years, the California Legislature has enacted several laws that limit the authority of local agencies to restrict these units. Effective January 1, 2020, Civil Code section 4751 applies limits to what HOAs can and can’t do to restrict ADUs:
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With the advent of popular websites like Airbnb and VRBO, many homeowners have discovered a new source of income: short-term rentals of their property. There are a variety of entities that regulate homeowners’ ability to rent their units, including their HOAs. But to what degree can an HOA restrict a homeowner from utilizing their property as they see fit? As with most things in the law, the answer is “it depends.”
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HOAs in California have a lot of power. Most homeowners are vaguely aware that HOAs can obtain liens. Some homeowners have “a friend of a friend” who was foreclosed upon. But most do not know what the extent of an HOA’s authority to file a lien or foreclose entails.
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The California Legislature understands the importance of energy efficiency. That’s a big part of why it implemented the California Solar Rights Act, articulated in Civil Code section 714 and 714.1. This statue prevents HOA governing documents from effectively restricting or prohibiting the installation of solar energy systems in the interest of individual homeowners. Good news.
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California law provides for two types of nuisance: public nuisance and private nuisance. From a statutory standpoint, California law broadly defines nuisance. It states: “[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.” (Civil Code § 3479.)
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