# Arizona HOA Rental Rules: Fees and the No-Different-Treatment Rule (2026) > Under Arizona Revised Statutes 33-1806.01 (and 33-1260.01 for condominiums), an HOA can ask an owner who rents out a property for tenant and agent information and may charge a fee for that disclosure of no more than $25, due within 15 days of a postmarked request. That fee can be charged for each new tenancy, but not for a lease renewal. The bigger protection is the equal-treatment rule: apart from that fee and fees for recreational facilities, the association cannot assess, levy, or charge a fee or fine, or impose a requirement, on a member's rental property any differently than it would on an owner-occupied property. For a buyer or investor, the packet shows whether the rules respect that line, and whether any binding rental restriction sits in the recorded declaration. _Source: https://hoanotes.com/hoa/arizona/rental-restrictions/ | Last reviewed 2026-06-03_ ## What the law protects Arizona Revised Statutes 33-1806.01 sets the terms for how a planned-community HOA handles a rented property, and 33-1260.01 does the same for condominiums. The association may require the owner to provide tenant and agent information, and may charge a disclosure fee of no more than $25, payable within 15 days of a postmarked request. That fee can be charged for each new tenancy, but it cannot be charged for renewing an existing lease. The stronger rule is about equal treatment. Apart from that disclosure fee and fees tied to recreational facilities, the association cannot assess, levy, or charge a fee or a fine, or impose a requirement, on a member's rental property any differently than it would on an owner-occupied property. So an HOA cannot single out rentals for extra charges or rules. A binding rental restriction has to come from the recorded declaration, not a fee or a one-off board rule. ## Why a buyer or investor should care If renting the home out is part of the plan, you want two things from the packet. First, confirm the disclosure fee stays at or under $25 and is not charged on renewals. Second, look for any rule that treats rentals differently from owner-occupied homes, which the equal-treatment rule does not allow, and for any genuine rental restriction in the declaration that would bind you. ## What to check in the disclosure packet Read these together before you make an offer: - The rental or leasing policy for a disclosure fee above $25, or a fee charged on lease renewals. - Any charge, fine, or requirement that applies only to rental properties, which the equal-treatment rule does not allow. - The recorded declaration for any actual rental restriction, which is where a binding limit has to live. - Recent board minutes for rental rules under consideration. ## Why this matters to your offer For an investor, the rental rules and fees are part of the return, and the equal-treatment rule is a real protection against an HOA loading costs onto rentals. An HOA Notes brief reads the declaration, the rules, and the fee schedule together, separates an enforceable rental restriction from a fee or rule that conflicts with the statute, and cites the page behind every finding. ## What the statute says **Arizona Revised Statutes section 33-1806.01 and section 33-1260.01** (Rental restriction amendment limits). An owner may rent or lease a lot or unit unless the recorded declaration prohibits or restricts leasing; under sections 33-1806.01 and 33-1260.01 the association's authority over rentals is limited to collecting specified tenant and agent information and a capped fee, and the board cannot create a new rental restriction by rule where the declaration does not authorize it; Arizona courts further limit a declaration amendment's effect on existing owners to changes that are reasonable and were foreseeable from the original declaration, so a newly added rental ban may not bind an owner who bought before it was adopted. The association may collect the tenant and agent information and the disclosure fee permitted by sections 33-1806.01 and 33-1260.01; it may enforce rental restrictions that are contained in the recorded declaration; a rental restriction added by a later amendment is enforceable only to the extent it is reasonable and was foreseeable from the original declaration. ## Arizona HOA rental rules: common questions ### How much can an Arizona HOA charge for a rental disclosure? No more than $25, due within 15 days of a postmarked request. The fee can be charged for each new tenancy but not for a lease renewal. ### Can an Arizona HOA treat my rental differently from an owner-occupied home? No. Apart from the $25 disclosure fee and recreational-facility fees, the association cannot charge a fee or fine, or impose a requirement, on a rental any differently than on an owner-occupied property. ### Can the HOA ban rentals by a board rule? A binding rental restriction generally has to come from the recorded declaration. Confirm where any restriction is written and how it applies to you. ### What information can the HOA require about my tenant? Tenant and agent information as provided in 33-1806.01, in exchange for the capped disclosure fee. ## Sources (verified 2026-06-03) 1. Arizona Revised Statutes section 33-1806.01 (rental property; information; fee), Arizona State Legislature. Verified 2026-06-03. https://www.azleg.gov/ars/33/01806-01.htm 2. Arizona Revised Statutes section 33-1806.01 (2025), Justia. Verified 2026-06-03. https://law.justia.com/codes/arizona/title-33/section-33-1806-01/ 3. Arizona Revised Statutes section 33-1806.01, rental property information and fee, Onecle. Verified 2026-06-03. https://law.onecle.com/arizona/title-33/33-1806.01.html HOA Notes is not a law firm and this is not legal advice.