Renting Out Your Arizona Home: What Your HOA Can — and Can’t — Demand

Owners who rent out a home in an Arizona HOA are often met with intrusive demands — hand over the lease, the tenant’s credit report and rental application, pay a special “investor” fee, or make the tenant sign away their rights. A.R.S. § 33-1806.01 sharply limits all of this, “notwithstanding any provision in the community documents.”

You can rent — unless the declaration says otherwise

“A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions.” — § 33-1806.01(A)

The baseline is that renting is allowed. An HOA can restrict or prohibit rentals only if that limitation is actually in the recorded declaration — not invented by board rule after the fact — and any minimum-lease-length restriction must likewise come from the declaration.

What the HOA is entitled to know — and nothing more

An association cannot require you to disclose tenant information beyond a short, defined list (§ 33-1806.01(C)):

• The name and contact information of the adults occupying the property;
• The lease time period, including the beginning and ending dates; and
• A description and license plate numbers of the tenants’ vehicles.

(In an age-restricted community, the owner, agent, or tenant must also show a government photo ID confirming the tenant meets the age requirement.) That’s the complete list.

The fee cap — and the anti-discrimination rule

For the tenant disclosures above, the managing agent (or the association, if there’s no agent) may charge a fee of no more than $25, due within 15 days of the request. It may be charged for each new tenancy — but not for a lease renewal (§ 33-1806.01(D)). Beyond that fee and ordinary recreational-facility fees:

“…the association or its managing agent shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a member’s rental property any differently than on an owner-occupied property in the association.” — § 33-1806.01(D)

In other words, no special “rental,” “investor,” or “non-resident” surcharges. And there’s an automatic remedy: any attempt to exceed the authorized fees voids the fee or charge entirely (§ 33-1806.01(F)).

You can appoint an agent — and what the owner still controls

You may designate a third party in writing to handle all association matters relating to the rental — except voting in elections and serving on the board, which stay with you as the owner (§ 33-1806.01(B)). Once the association has your written designation, it conducts rental business through your agent, and notice to the agent counts as notice to you.

The statute also preserves a few owner tools: you may use a crime-free lease addendum (§ 33-1806.01(G)), and an association may still enforce declaration provisions restricting residency by certain registered sex offenders (§ 33-1806.01(H)).

If your HOA oversteps

1. Provide only the statutory information — occupant names/contacts, lease dates, and vehicle info. You’re not required to hand over the lease, application, or credit report.
2. Check the fee. More than $25 per new tenancy — or any fee on a renewal, or any rental-only surcharge — isn’t authorized, and the overage is void.
3. Watch for different treatment. Fines or rules applied to your rental but not to owner-occupied homes violate subsection (D).
4. Escalate. These are statutory violations that can be raised in an ADRE petition.

Grounded in the text of A.R.S. § 33-1806.01 (rental property; member and agent information; fee; disclosure). General homeowner education — not legal advice.