Wyoming HOA Short-Term Rentals

Quick-Reference Table

Last verified: July 17, 2026

Section 1: Overview — Can an HOA restrict short-term rentals in Wyoming?

A Wyoming condominium association restricts short-term rentals through its recorded declaration operating within the Wyoming Condominium Ownership Act, and a non-condominium planned community restricts them through its recorded declaration. Condominiums are governed by the Condominium Ownership Act (Wyo. Stat. § 34-20-101 et seq.),¹ a short, bespoke Wyoming statute that is not the Uniform Common Interest Ownership Act; non-condominium planned communities have no comprehensive Wyoming statute and are CC&R-primary, governed by the declaration, with the Wyoming Nonprofit Corporation Act (§ 17-19-101 et seq.) supplying corporate procedure where the association is incorporated as a nonprofit.² Wyoming has no comprehensive state short-term rental statute; regulation is local and most developed in Teton County and the Town of Jackson, where zoning restricts short-term rentals to designated areas, and that local regulation governs the owner-to-government relationship without granting or removing association authority.³ The declaration is the source of rental authority for both community types, and Wyoming does not appear to limit that authority by statute, unlike California and Arizona.¹ Contested association disputes proceed in the Wyoming District Court, the trial court of general jurisdiction, with civil appeals going directly to the Wyoming Supreme Court, because Wyoming has no intermediate appellate court.⁹ The sections below set out the legal framework, the operational mechanics and enforcement path, recent legislative and judicial activity, and Wyoming's national positioning.

Section 2: The legal framework for HOA short-term rental restrictions

2A. The Condominium Ownership Act and CC&R-primary planned communities

Wyoming governs condominiums through the Condominium Ownership Act, Wyo. Stat. § 34-20-101 et seq. The Act is short, consisting of four sections that recognize condominium ownership, define terms, and address recording of the declaration and tax apportionment.¹ It is a bespoke Wyoming statute and not the Uniform Common Interest Ownership Act, so features associated with UCIOA, such as deemed-approval budget ratification and a statutory rental owner-protection provision, are absent. The Act recognizes that a declaration containing a mandatory association-membership or assessment requirement operates as covenants running with the land, binding condominium owners and their successors.¹

Non-condominium planned communities are different. Wyoming has no comprehensive planned-community statute. These associations are CC&R-primary: the recorded declaration is the governing instrument, supplemented by the Wyoming Nonprofit Corporation Act (§ 17-19-101 et seq.) for corporate procedure such as meetings, records, and board authority where the association is incorporated as a nonprofit.² Wyoming does not have a dedicated timeshare statute; the term "time share" appears in the real estate licensing statute (Title 33, Chapter 28), and that licensing framework does not govern ordinary condominium or planned-community associations.¹⁰

For both community types, the declaration is the source of rental authority. A restriction on short-term or transient rentals is a use restriction created and enforced through the declaration. Practitioners should separate long-term leasing (typically permitted subject to any declaration limits) from short-term or transient rentals, which is the category most declarations target through a minimum-lease-term provision. Because the Condominium Ownership Act does not address rental substance, the analysis for a condominium turns on the declaration operating within the Act, and the analysis for a planned community turns on the declaration alone, read against Wyoming common law of restrictive covenants.

2B. Restricting rentals, amendments, and grandfathering

An association adds or strengthens a short-term rental restriction by amending its declaration. For condominiums, the Condominium Ownership Act does not prescribe an amendment vote for rental restrictions, so the declaration's own amendment clause controls.¹ For planned communities, the declaration's amendment clause likewise controls, because there is no comprehensive statute supplying a default threshold. Wyoming has no statutory percentage that an association can rely on in place of its governing documents, so the specific vote required is whatever the declaration states, commonly a supermajority of owners. Boards should read the amendment clause closely and follow it precisely, because a defective amendment is a common vulnerability in covenant litigation.

Because Wyoming is not a UCIOA state and does not appear to have a statutory owner-protection provision, grandfathering of owners who purchased before a restriction was adopted is not resolved by a state statute. It runs through the Condominium Ownership Act (for condominiums), the declaration, and Wyoming common law. Wyoming courts enforce validly adopted covenants against owners and their successors, and covenants run with the land.⁸ Owners challenging a newly adopted restriction typically argue that the amendment was improperly adopted, that it exceeds the scope authorized by the declaration, or that the covenant has been abandoned through widespread non-enforcement. A Florida-style or California-style statutory shield protecting owners who bought before a rental restriction should not be imported into Wyoming, because no such statute has been identified. The outcome depends on the declaration's text and the amendment's validity, not on a categorical statutory grandfathering rule.

Whether Wyoming limits association rental authority by statute is answered no on the available sources. Unlike California, whose Civil Code § 4741 bars an association from restricting rentals to less than 25 percent of the separate interests and permits a ban only on transient or short-term rentals of 30 days or less, and Arizona, whose A.R.S. § 33-1806.01 forbids associations from requiring a tenant's rental application, lease, or credit report, Wyoming has no statute capping the reach of association rental restrictions, and the Condominium Ownership Act does not limit them for condominiums.¹ The practical result is that Wyoming is declaration-driven on rentals for both community types, and a well-drafted, properly adopted restriction is likely to be enforced.

2C. State law, tax, and the local layer

Wyoming has no comprehensive state short-term rental statute and does not preempt local short-term rental regulation. Regulation is local and uneven. It is most developed in Teton County and the Town of Jackson, where zoning restricts short-term rentals to designated districts because of an acute housing shortage, while many Wyoming communities have little or no short-term rental regulation.⁴ In unincorporated Teton County, short-term rentals (rentals under 31 days) are prohibited except in a defined set of resort and commercial areas, with enforcement running through the Land Development Regulations and county-authorized fines of up to $750 per offense per day.³ In the Town of Jackson, operators must obtain a basic use permit, with distinct rules inside and outside the Lodging Overlay and Planned Resort Zone.⁵

Wyoming taxes short-term lodging. It has a state sales tax of 4% that applies to lodging service for transient guests, plus a mandatory statewide lodging tax of 5% and an optional local lodging tax of up to 2%, generally for stays of fewer than 30 continuous days, which the Department of Revenue applies to nonlocal guests who stay 29 nights or fewer in hotels, vacation homes, and similar accommodations.⁷ The 5% statewide lodging tax was created by House Bill 134, signed by Governor Mark Gordon and effective January 1, 2021.¹¹ Wyoming has a sales tax; it lacks a state income tax, but it is not a no-sales-tax state. Collection is commonly handled through short-term rental marketplaces, and operators who do not rely on a collecting marketplace must register with the Wyoming Department of Revenue for a sales-tax license.⁶

The critical distinction for compliance is that local regulation and the lodging taxes govern the owner-to-government relationship. They neither grant nor remove association authority. An owner can satisfy a Teton County or Town of Jackson rule and pay every lodging tax and still violate the declaration, because the association's authority is a separate, contract-based layer. The reverse is also true: an owner whose declaration permits short-term rentals can still be barred by local zoning or exposed to tax liability. Compliance in Wyoming therefore requires checking both layers independently.

Section 3: Operational mechanics and enforcement

A. Adopting a valid restriction (the tools)

The most common tool is a minimum-lease-term restriction in the declaration, for example a provision that no unit may be leased for fewer than 30 or 31 days. Wyoming has no statewide statutory minimum lease term binding associations, so the number is whatever the declaration sets. A minimum-lease-term provision is generally easier to enforce than a broad "no commercial use" clause, because Wyoming courts read restrictive covenants according to their terms and resolve genuine ambiguity in favor of the free use of property, which makes a specific day-count more durable than a general prohibition.⁸

Rental caps, meaning a limit on the number or percentage of units that may be rented at one time, are also creatures of the declaration. Neither the Condominium Ownership Act nor any planned-community statute supplies a cap or authorizes one by default, so a cap is valid only if the declaration authorizes it, and it is adopted through the declaration's amendment clause.¹ Associations may also impose internal administrative requirements, such as registering rentals, providing tenant contact information, and filing leases with the board, if the governing documents authorize those requirements. These internal rules are distinct from any local permit an owner must obtain from Teton County or the Town of Jackson.

B. Enforcement and the appellate path

Notice and an opportunity to be heard before a fine are not prescribed by the Condominium Ownership Act; the requirement, if any, comes from the declaration and bylaws, supplemented by the Nonprofit Corporation Act's governance provisions for incorporated associations.² Boards should follow their documents' notice-and-hearing steps carefully, because procedural defects are a frequent basis for challenge.

Remedies available to an association depend on its governing documents and Wyoming common law. Injunctive relief to stop covenant violations is the central remedy, and the Wyoming Supreme Court has affirmed enforcement of residential-use covenants by permanent injunction.⁸ Monetary fines and the assessment lien are available where the declaration authorizes them. A contested enforcement action is filed in the Wyoming District Court, the trial court of general jurisdiction for such disputes; the Circuit Courts are courts of limited jurisdiction handling smaller civil matters and are not the forum for a covenant-enforcement suit.⁹ A party dissatisfied with the District Court's final judgment appeals directly to the Wyoming Supreme Court, because Wyoming has no intermediate appellate court.⁹ Association enforcement is independent of local-government enforcement: Teton County and the Town of Jackson pursue their own zoning and permit violations, and an association's covenant action neither depends on nor forecloses that separate government action.

Section 4: Recent legislative and judicial activity

A. Recent bills

No bill enacted in the past 24 months amended the Wyoming Condominium Ownership Act, created a comprehensive state short-term rental regime, or altered association rental authority. Wyoming's significant lodging measure, the mandatory 5% statewide lodging tax now codified in the sales-tax chapter, was created by House Bill 134 and took effect January 1, 2021, which predates this review window.¹¹ Because no qualifying enacted bill exists for the review period, no bill metadata block or audience-implication table is included here.

B. Recent rulings

C. Active legislative or local debates

A Wyoming legislative interim committee has considered draft measures limiting local regulation of residential rentals, including a "Residential rental properties-applicability" draft that would bar towns, cities, and counties from charging a fee to register properties rented for six months or longer.¹⁴ Teton County and the Town of Jackson continue to adjust their short-term rental rules, including the Town's move effective January 1, 2024, to allow limited short-term rentals in residential zones subject to a basic use permit, annual caps, and neighbor notice.⁵ These developments affect the owner-to-government layer and do not change association authority under the declaration.

Section 5: National positioning and related coverage

Wyoming sits toward the light-touch, declaration-driven end of the national spectrum. It has a split structure, a bespoke Condominium Ownership Act for condominiums and CC&R-primary planned communities with no comprehensive statute, and it is not a UCIOA state. It leaves rental authority to the declaration, and it does not appear to preempt local short-term rental regulation the way some states do, nor does it limit association rental authority directly the way California (Civ. Code § 4741) and Arizona (A.R.S. § 33-1806.01) do. The local short-term rental regimes and the lodging taxes restrain local governments and owners, not associations, so an association's power to restrict rentals is a separate contract-based question from whether an owner may operate a rental under local law. For a multi-state operator entering Wyoming, the practical takeaways are a single, short condominium statute, CC&R-primary planned communities, a market heavily concentrated in Jackson Hole and Teton County, and a court system with no intermediate appellate court, so trial-court decisions are reviewed directly by the Wyoming Supreme Court.

HOA Weekly's Wyoming Short-Term Rentals coverage updates quarterly as the Legislature, the Wyoming Supreme Court, and local governments in Teton County and the Town of Jackson act. Federal frameworks, including the FHA, ADA, FDCPA, SCRA, and OTARD, also apply to Wyoming associations regardless of the state framework.

1. Wyoming Legislature, Title 34 (Property, Conveyances and Security Transactions), Chapter 20 — Condominium Ownership Act, Wyo. Stat. § 34-20-101 et seq. ↩
2. Wyoming Secretary of State, Wyoming Nonprofit Corporation Act, Wyo. Stat. § 17-19-101 et seq. ↩
3. Teton County, WY, Short-Term Rental Violations (Land Development Regulations § 6.1.5; fines up to $750 per offense per day) ↩
4. Teton County, WY, "Can I rent out my home or guest house?" (short-term rentals prohibited outside designated areas; regulated locally) ↩
5. Town of Jackson, WY, Short-Term Rentals (basic use permit; Lodging Overlay and Planned Resort Zone rules; residential-zone rules effective Jan. 1, 2024) ↩
6. Wyoming Department of Revenue, Excise Tax Division, Sales/Use/Lodging Tax (registration and licensing) ↩
7. Wyoming Legislature, Title 39 (Taxation and Revenue), Wyo. Stat. §§ 39-15-101(a)(xiv) ("transient guest" means a guest who remains for less than 30 continuous days), 39-15-103(a)(i)(G) (lodging service), 39-15-104 (4% sales tax; 5% statewide lodging assessment), 39-15-204(a)(ii) (local lodging tax up to 2%) ↩
8. Schroth v. Kirk, 2025 WY 24 (Wyo. 2025) (affirming permanent injunction enforcing residential-use covenants) ↩
9. Wyoming Judicial Branch, Instructions on Filing a Notice of Appeal to the Wyoming Supreme Court (appeal runs from the District Court directly to the Wyoming Supreme Court; no intermediate appellate court) ↩
10. Wyo. Stat. § 33-28-102 (Real Estate Brokers and Salespersons; definition of "time share"), cross-verifying that Wyoming has no dedicated timeshare act governing ordinary associations ↩
11. Avalara MyLodgeTax, Wyoming Vacation Rental Tax Guide (5% statewide lodging tax created by House Bill 134, effective January 1, 2021; local lodging taxes up to 2%) ↩
12. Schroth v. Kirk, 2025 WY 24, Docket S-24-0158 (Wyo. Feb. 28, 2025) ↩
13. Conger v. AVR Homeowner's Association, Inc., 2025 WY 91, 574 P.3d 623, Docket S-24-0174 (Wyo. Aug. 13, 2025), Wyoming Supreme Court Opinions ↩
14. Wyoming Legislature, Joint Corporations, Elections & Political Subdivisions Interim Committee, "Residential rental properties-applicability" draft (25LSO-0010) ↩