Short-term rentals (STRs) — Airbnb, VRBO, and similar platforms — have become one of the most contentious HOA issues of the 2020s. Boards want to restrict them to protect community character. Homeowners want to monetize their properties. Courts and legislatures are still working out the rules. Here's where the law stands in 2026.
The General Rule: CC&Rs Can Ban STRs
In the majority of US states, HOAs can lawfully prohibit or restrict short-term rentals through their CC&Rs. Courts across California, Florida, Texas, Arizona, North Carolina, and most other states have upheld HOA CC&R provisions that define "residential use only" or expressly prohibit rentals shorter than 30 days. The key is that the restriction must be clearly stated in the CC&Rs.
States That Restrict HOA Authority Over STRs
A handful of states have enacted laws that limit HOA authority to restrict STRs: Arizona (A.R.S. § 33-1806.01) prohibits HOAs from restricting STRs entirely for communities created before 2016; Hawaii has complex STR regulations that interact with HOA rules in certain resort zones; Montana generally limits HOA authority to regulate property uses beyond what is clearly stated in the CC&Rs. Several other states have bills pending in 2026.
| State | HOA Can Ban STRs? | State Preemption? | Notes |
|---|---|---|---|
| California | Yes — if CC&Rs prohibit it | No | Courts consistently uphold CC&R rental restrictions |
| Florida | Yes — if CC&Rs prohibit it | No | Must follow enforcement procedures; fining committee required |
| Texas | Yes — if CC&Rs prohibit it | No | $200/day fine cap applies |
| Arizona | Pre-2016: No; Post-2016: Yes | Partial (A.R.S. § 33-1806.01) | Complex — consult attorney |
| Nevada | Yes — if CC&Rs prohibit it | No | Must follow NRS 116 fine procedures |
| Colorado | Yes — if CC&Rs prohibit it | No | CCIOA fine procedures apply |
| Montana | Limited — courts skeptical | No | Property-rights tradition limits HOA STR bans |
How to Enforce STR Restrictions
HOA STR enforcement typically relies on: (1) monitoring STR platforms for community addresses; (2) owner complaints; (3) documented evidence of short-term rental activity (guest traffic, key lockboxes, multiple unrelated occupants). Boards should document all evidence carefully before issuing a violation notice. Some management companies offer automated STR monitoring services.
Amending CC&Rs to Add STR Restrictions
If your CC&Rs do not currently address STRs, amendment is the proper path. Most CC&Rs require a 67%–75% owner vote to amend. Note: in many states, even after amendment, existing owners who were renting short-term before the amendment may have protected rights for a transition period. Consult an attorney before adopting retroactive STR restrictions.
Disclaimer: STR law is rapidly evolving at both the state and local level. This guide reflects 2026 general rules. Consult a licensed attorney in your state before adopting, enforcing, or amending STR restrictions.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →