State Guide · Arizona

Arizona HOA Rental Compliance: The Exact Data You May Collect—and the Amendments That May Not Hold

Arizona has the most prescriptive tenant-information statute in the country: it lists the exact fields an association may collect when a home is rented, caps the fees to the dollar, and prohibits everything else. Layer on Kalway—the Arizona Supreme Court decision that puts retrofitted rental amendments in doubt—and Arizona compliance is equal parts disciplined intake and amendment audit.

Last reviewed July 2026. General information, not legal advice—confirm current statutory text with your association's attorney.

The statutes that create tracking duties

Each of these laws requires your association to be able to prove something. That's a record-keeping obligation, whether or not anyone calls it that.

A.R.S. § 33-1806.01 (planned communities) / § 33-1260.01 (condominiums)

The permitted-data list and fee caps

On rental of a home, the association may collect only: the names and contact information of adult occupants, the lease start and end dates, and a description and license plates of tenants' vehicles. It may not require the rental application, a credit report, or a copy of the lease. Fees are capped—up to $25 for a disclosure the owner requests, up to $15 for late or incomplete tenant information—and no other rental-related fees are allowed. Tenants cannot be made to waive due process, and non-occupant owners cannot be barred from the board.

What your association must track:

  • An intake process that collects exactly the permitted fields—names, contacts, lease dates, vehicles—and nothing more
  • A fee schedule that respects the $25/$15 caps, with no other rental fees anywhere in your documents
  • Lease start and end dates per rented property

Kalway v. Calabria Ranch HOA, 506 P.3d 18 (Ariz. 2022)

Rental amendments must have been foreseeable

CC&R amendments bind non-consenting owners only if the original declaration gave notice that such an amendment was foreseeable. Rental and STR restrictions added by later amendment—without a hook in the original declaration—are vulnerable to challenge.

What your association must track:

  • An audit of every leasing amendment against the original declaration's amendment authority
  • Per-owner consent records where foreseeability is doubtful
  • Documentation supporting any grandfathering positions taken

SB 1350 (2016) — A.R.S. § 9-500.39 / § 11-269.17

Cities can't ban STRs—so associations are the gatekeeper

Arizona preempts cities and counties from banning short-term rentals by duration, leaving private CC&Rs untouched. In practice, associations are the main remaining STR gatekeeper in Arizona—but only through express covenant language, consistently enforced.

What your association must track:

  • Express STR covenant language and its adoption record (Kalway applies here too)
  • Consistent, dated enforcement files for STR violations

The test: could your board produce this tomorrow?

If a dispute, an audit, or a new manager asked for the following, a compliant Arizona association should be able to hand it over without a scramble:

Proof your tenant intake collects only the statutorily permitted fields
A rental-fee schedule that survives the $25/$15 caps
The amendment-authority analysis behind every leasing restriction you enforce
Lease dates and occupant records for every rental, current

Watch this space

SB 1246 (condominium foreclosure alignment) and a duty-to-act-reasonably bill remain pending, and a bill proposed in late 2025 would let cities restrict short-term rentals—which would reshape the STR landscape associations operate in. Worth watching through the 2026 session.

Built for Arizona associations

Every record above, kept automatically

RentTrac360 tracks rental status, grandfathering, caps, and enforcement records continuously—onboard in about 15 minutes, and the platform keeps the file current from then on.

RentTrac360's Arizona intake is scoped to §33-1806.01's permitted fields out of the box.

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