25F-H116-REL

Here is a summary of the case ID 25F-H116-REL: Key Facts The case involves petitioner Aracelys M. Morel and respondent Northwood Park Homeowners Association (HOA) [1]. Morel has owned a townhouse in the Northwood Park community for approximately six years, and after moving to a different unit in November 2024, she began operating her townhouse as a short-term Airbnb rental [2]. In September 2025, the HOA sent Morel a courtesy compliance notice requesting the names, contact information, lease dates, and vehicle details of her occupants, citing Arizona Revised Statutes (A.R.S.) § 33-1806.01(C) [3]. The HOA sought to charge Morel a $25 administrative fee for each new short-term guest stay [4, 5]. Morel disputed the charges and refused to pay, leading to a formal petition and an administrative hearing on February 20, 2026 [6, 7]. Main Issues The central legal issue was whether short-term Airbnb guests legally qualify as "tenants" under A.R.S. § 33-1806.01, which would authorize the HOA to collect a $25 fee per stay [4, 8]. Morel argued that her Airbnb guests do not sign traditional leases and function more like short-term hotel guests, meaning they should not be classified as tenants [9, 10]. She also noted that the HOA's Covenants, Conditions, and Restrictions (CC&Rs) do not specifically regulate short-term rentals or explicitly authorize this repetitive fee [4, 10]. The HOA countered that A.R.S. § 33-1806.01(D) clearly permits the association to charge a fee for each separate tenant [8]. The HOA argued that the Arizona Residential Landlord and Tenant Act defines a "tenant" simply as a person entitled to exclusively occupy a dwelling unit under a rental agreement, and this definition does not mandate a minimum duration of time for the tenancy [8, 11]. Final Outcome Administrative Law Judge Nicole Robinson ruled in favor of the Northwood Park HOA and denied Morel's petition on March 26, 2026 [1, 12]. The judge concluded that because the HOA's CC&Rs were silent on the specific issue, Arizona state law served as the guiding authority [13]. Under A.R.S. § 33-1310, the definition of a "tenant" does not include a durational requirement [14, 15]. Because Airbnb guests rent the property and have exclusive control over the dwelling unit during their stay, they clearly fit the legal definition of a tenant [15]. Therefore, the HOA is legally authorized under A.R.S. § 33-1806.01 to charge Morel the $25 fee for each new Airbnb guest [15]. Case Details: - Case ID: 25F-H116-REL - Docket: 25F-H116-REL - Judge: Nicole Robinson For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public ADRE/OAH records and may express opinions. Not affiliated with ADRE or the OAH. Read the full Legal & Terms: https://azhoawatch.org/legal