A.R.S. 33-1806.01: HOA Rental Disclosure Limits

If you own a home in an Arizona planned community and want to rent it out, A.R.S. 33-1806.01 is the statute that both confirms your right to do it and fences in what the HOA (the homeowners association that runs your subdivision) can demand from you. The default rule is simple: you may use your property as a rental unless your community's recorded restrictions specifically forbid it. When you do rent, the association is entitled to a short, fixed list of information and nothing more.

The disclosure list and the fee cap

The association can ask for tenant identity and basic logistics, but it cannot reach into the private terms of your deal. The statute spells out exactly what you must hand over.

The association is entitled to the name and contact information of any adults occupying the property, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants' vehicles.

That is the whole list. The HOA cannot require the lease agreement itself, a rental application, a credit report, or other private tenant information beyond those items. Any fee for processing a new tenant is capped at $25, payable within 15 days, and the association cannot charge that fee again when the same tenant renews. If your disclosure is late or incomplete, a follow-up fee cannot exceed $15.

What this means for you

This section is your shield against an HOA that tries to run your rental like a property manager. You owe the association the tenants' names and contact info, the lease start and end dates, and the tenants' vehicle descriptions and plate numbers. You do not owe it a copy of the lease, your tenant's credit score, or the rent amount, and it cannot bill you more than $25 to register a new tenant.

A concrete example. You build a home in a gated community near Fountain Hills and later move, deciding to lease the house long-term. The HOA sends a packet demanding the full signed lease, a tenant credit report, and a $150 "rental processing fee." Under 33-1806.01 you provide only the four required items, and the most the association can charge is $25. The packet's other demands are unenforceable. This is also why a backyard casita you build to rent out, where the community allows ADU rentals, falls under the same narrow disclosure rule rather than a deeper financial review.

One thing the statute does not do: it sets no cap on how many homes can be rented in the community. Rental caps, if any exist, come from the community's own recorded declaration, not from this section.

How this connects to the rest of the law

This section sits inside Arizona's Planned Communities Act and works alongside the resale disclosure rule in A.R.S. 33-1806 , which governs what an HOA must disclose when a home is sold rather than rented. Whether your community can restrict rentals at all turns on its recorded CC&Rs , the declaration that defines what owners can and cannot do. For other limits on HOA power over your property, see how HOA design review affects building a custom home and whether an HOA can stop you from putting solar on your house .

Full text and source

Read the current version, including the agent fee provisions and the due-process protections for tenants, on the legislature's site: View A.R.S. 33-1806.01 on azleg.gov .

Because a community's recorded declaration can still ban or cap rentals even though this section limits the paperwork, check your CC&Rs for a rental restriction before you count on leasing a home in an HOA.