Arizona HOA Rental Fee and Disclosure Limits

Section 33-1806.01 of the Arizona Revised Statutes governs what a homeowners association can require once a member rents out property in a planned community. Subsection A sets the baseline: a member may rent freely unless the declaration itself prohibits renting or unless the declaration sets rental time period restrictions, so an association's power to ban or cap leasing comes from its own recorded documents, not from this statute. Subsection B lets an owner designate a written agent to handle rental-related association business; notice to that agent counts as notice to the owner, though the agent cannot vote in association elections or sit on the board.

Once a unit is rented, subsection C limits tenant disclosure to four items: the names and contact information of adult occupants, the lease's beginning and ending dates, and a description and license plate number for tenant vehicles. In an age-restricted community, the tenant must also show government-issued photo identification confirming they meet the community's age requirements. Subsection D lets the association or its managing agent charge up to $25 for processing that disclosure, due within 15 days of the postmarked request, chargeable once per new tenancy but never on a lease renewal. Outside that fee and charges tied to recreational facilities, the association cannot treat a rental property differently from an owner-occupied one.

Subsection E bars the association from demanding a copy of the lease, rental application, or credit report; from making a tenant waive due process rights; from excluding a non-resident owner from the board; and from charging more than $15 for late or incomplete subsection C information. Subsection F voids any fee, assessment, or penalty that exceeds those caps. Subsection H preserves community-document restrictions on level two and level three sex offenders registered under A.R.S. § 13-3821, and subsection I requires an owner to abate criminal activity on the rental property under A.R.S. § 12-991.

An association that collects rental application copies, credit reports, or lease agreements beyond the four disclosures in subsection C violates the statute outright. Charging more than $25 for a new-tenancy disclosure request, more than $15 for late or incomplete information, or any fee on a lease renewal automatically voids that fee, assessment, or penalty under subsection F, giving the owner a direct defense against collection or a lien.