Can Your HOA Say No to VRBO?

Jaburg Wilk

Jaburg Wilk

In the not-so-distant past, if you wanted to get from one place to another without a car of your own, you would call a taxi, with your only choice being which of the many taxicab companies to call upon. Now, of course, calling a taxi is scoffed at as being “old fashioned” and overpriced, with many, if not most, people opting to instead call Uber or Lyft, or some other rideshare service. Likewise, it used to be that if you were traveling to another city and wanted a place to stay, you would simply book a hotel room. And while the hotel industry is certainly still going strong, there now exists an ever-increasing inventory of “short-term rentals” available as alternatives to hotels. Several companies exist to offer these types of sharing economy[1] services, such as Airbnb, VRBO, or WanderJaunt.

The fast-growing popularity of short-term rentals cannot be denied. The Arizona Republic reported in January 2019 that a staggering twenty percent of all houses in the popular tourist city of Sedona are operating as short-term rentals, which has resulted a housing shortage in that city for its full-time residents. Data from the research firm AirDNA[2] shows that the Aribnb market has grown exponentially during the past five years, from 687 Phoenix properties listed on Airbnb in 2014 to 4,224 properties listed in 2019. Scottsdale, a city that is smaller in size and population than Phoenix, had even more listings, with 5,379 as of March 2019.

With more and more people wanting to generate income by using properties that they own for short-term rentals, there is an inherent conflict between the right of a property owner to use their property as they choose, and the right of a city, state, or on a smaller scale of a homeowner’s association, to control the way that the properties within their jurisdiction are being used. The issue regarding the right of a city to limit short-term rentals was resolved in 2016 (and put in place in 2017), when the Arizona State Legislature enacted A.R.S. §9-500.39. This brand-new statute eliminates the ability of local cities and towns to regulate these types of rentals based solely on their classification or use. The legislation was championed by companies like Airbnb and Expedia, as well as groups like the Goldwater Institute, and nonprofits funded by the Koch network, including Americans For Prosperity and the Arizona Free Enterprise Club. Consequently, short-rentals are now specifically allowed by Arizona state law.

That doesn’t mean, however, that you have a blanket right to turn your Arizona home into a short-term rental. Even in the brief amount of time since the statute was enacted, changes have already been made by the Arizona legislature. A common complaint by residents living in the vicinity of a short-term rental is an increase in traffic, noise, and trash in their neighborhoods, as well as the manner in which some of the short-term tenant’s behave. In response to such complaints, A.R.S. §9-500.39 was amended to allow a city to “regulate vacation rentals or short-term rentals” for certain specified purposes, including “adopting and enforcing residential use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues.” Arizona law now puts limitations on the use of a property as a “party house” for special events, by specifying that “a short-term rental may not be used to nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or a retail, restaurant, banquet space or similar use.”

While A.R.S. §9-500.39 limits the ability of an Arizona city to restrict or regulate short-term rentals, it does not preclude a homeowners’ association (“HOA”) from imposing much more draconian limitations, or eliminating them altogether. HOA’s are governed by Code, Covenants and Restrictions (“CC&R’s”), which are by their very nature replete with restrictions on how a property owner may, or may not, utilize their property.

The most common prohibition contained within an HOA’s CC&R’s, that would seemingly prohibit the use of a property as a short-term rental, is a prohibition against the use of a property for “commercial purposes,” or for any purpose other than for “residential purposes.” However, whether such language is sufficient so as to stop a homeowner from renting out their property on a short-term basis is far from clear. In that there are no reported Arizona cases regarding HOA restrictions over short-term rentals, we must look to other states for guidance. At present there are only 45 reported cases in all courts in the U.S., both state and federal, that deal with the subject of HOA restrictions on short-term rentals.

We start with the basic concept that CC&R’s, which operate the same as a deed containing a restrictive covenant that runs with the land, are enforceable to the extent that they are unambiguous. Ultimately, the CC&Rs are just a contract.[3]  This contract is between the subdivision’s property owners as a whole and individual lot owners.[4]  In Arizona, the traditional rule has been that when a restrictive covenant is unambiguous, it is enforced so as to give effect to the intent of the parties.[5]

In interpreting CC&R’s, courts read the language used in its ordinary sense, construing it in light of the circumstances surrounding its formulation, and with the idea of carrying out its object, purpose, and intent.[6]  “We are not bound by the ‘strict and technical meaning of the particular words’ in the declaration.”[7]  Instead, “‘the function of the law is to ascertain and give effect to the likely intentions and legitimate expectations of the parties’ who create the covenants.”[8]  “When the meaning of a covenant is reasonable and unambiguous ... there is no need to seek further clarification outside its language.”[9]  “In the absence of ambiguity, restrictive covenants will be enforced according to their terms.”[10]  The law in Arizona that courts should enforce the intent of the parties to a restrictive covenant in the absence of ambiguity reaches back to the 1930’s. In Ainsworth v. Elder, Arizona’s court of appeals adopted an intent-based analysis (without calling it such) when it stated that “courts should consider not only the strict and technical meaning of the particular words of restriction, but also the surrounding circumstances, the general purpose of the restrictions, and the manner in which they have been interpreted by the property owners.”[11]  This general principle of looking beyond the mere words of a restrictive covenant to the surrounding circumstances and the general purpose of the restriction has been repeated in subsequent decisions.[12]  (“This court has previously recognized that in determining the meaning of restrictive covenants, the surrounding circumstances will be looked to as well as the meaning of particular words.”)[13]  (stating that when interpreting restrictive covenants “the courts not only look to the meaning of the particular words but also to other surrounding circumstances”).

On the other hand, while Arizona courts will enforce unambiguous restrictive covenants so as to give effect to the intent of the parties, if the restrictive covenant is ambiguous, the Courts will strictly construe such covenant so as to not prohibit or restrict a property owner in the manner in which they can use their property.[14]  (“if the language of a restrictive covenant is judged to be ambiguous, it should be construed in favor of the free use of the land.” *** “Restrictive covenants are to be strictly construed against persons seeking to enforce them and any ambiguities or doubts as to their effect should be resolved in favor of the free use and enjoyment of the property and against restrictions.”).[15]

In the absence of any Arizona cases dealing with the issue of whether restrictive covenants in CC&R’s are enforceable restrictions against the use of a particular property for a short-term rental, we can look to other opinions issued in other jurisdictions for guidance. As set forth below, however, such opinions are not consistent.

For example, limiting the property to only a “residential use” is typically not a specific enough limitation to eliminate short-term rentals through the CC&Rs. The phrase “‘residential use,’ without more, has been consistently interpreted as meaning that the use of the property is for living purposes, or a dwelling, or a place of abode.”[16]   A place used for “residential purposes” is, according to its plain and ordinary meaning, “one in which people reside or dwell, or which they make their homes, as distinguished from one which is used for commercial or business purposes.”[17]  Although “residential” unambiguously refers to use for living purposes, courts have recognized ambiguity in the term in cases involving short-term rentals or other situations where those residing in the property are living there only temporarily, not permanently.[18]  These courts concluded that, because ambiguities in restrictive covenants were to be construed in favor of the free use of property, short-term rentals were not precluded as inconsistent with residential use. Thus, the phrasing of a limitation of the property to a “residential use” most likely will not eliminate a homeowner from engaging in short-term rental activity of that property.

Other courts have found no ambiguity, reasoning that, as long as the property is used for living purposes, it does not cease being “residential” simply because such use is transitory rather than permanent. In Lowden, the Missouri court summarized cases applying the term “residential” to a variety of structures used for habitation purposes and recognizing that the transitory or temporary nature of such use did not defeat the residential status.[19]   It concluded that “when the owner of a permanent home rents the home to a family, and that family, as tenant, resides in the home, there obviously is no violation of the declaration. While the owner may be receiving rental income, the use of the property is unquestionably ‘residential’.”[20]

In Pinehaven Planning Board v. Brooks, the covenants at issue restricted the use of residential property to the construction of a single-family residence, which could not be used for commercial, industrial, or business purposes.[21]  The Idaho Supreme Court in Pinehaven held that renting a property to people who used it for residential purposes, whether short or long term, did not violate the covenants. Colorado courts agreed, noting that “short-term vacation rentals are not barred by the commercial use prohibition in the covenants. Our conclusion is consistent with the Colorado Supreme Court's that receipt of income does not transform residential use of property into commercial use.”[22]

Based upon the non-Arizona case law, it would appear that a CC&R’s prohibition against using a property for any purpose other than “residential,” or using it for any “commercial” purpose, is not sufficient to allow an HOA to stop the use of property as a short-term rental. Instead, to assure its ability to prohibit short-terms rentals, an Arizona HOA will need to amend its CC&R’s to state in clear, unambiguous language, that short-term rentals (defined as those with a duration of less than a specific time period) are strictly prohibited. Of course, that solution raises another issue regarding the difficulty in amending CC&R’s, which is beyond the scope of this article. Because of the newness of this issue, such a restriction specifically targeting short-term rentals has not yet been tested in any Arizona court. Based upon the law summarized here, however, there is no reason to believe that such a prohibition would not be an effective tool for HOA’s to manage short-term rentals within their community.

  1. The “sharing economy” is defined as “economic activity that involves individuals buying or selling usually temporary access to goods or services especially as arranged through an online company or organization.” See
  2. AirDNA leverages data science to provide short-term vacation rental data and analytics by tracking the daily performance of over 10 million short-term rental listings across 80,000 markets. See
  3. Powell v. Washburn, 211 Ariz. 553, 555, ¶ 8, 125 P.3d 373, 375 (2006).
  4. See Arizona Biltmore Estates Ass'n v. Tezak, 177 Ariz. 447, 448, 868 P.2d 1030, 1031 (1993)
  5. Arizona Biltmore Estates, 177 Ariz. at 449, 868 P.2d at 1032 (“[T]he cardinal principle in construing restrictive covenants is that the intention of the parties to the instrument is paramount.”) (citing Riley v. Stoves, 22 Ariz.App. 223, 225–26, 526 P.2d 747, 749–50 (1974)); Sky Mountain Ranch Subdiv. Prop. Owners Ass'n v. Williams, 12 Ariz.App. 244, 246, 469 P.2d 478, 480 (1970) (“The intent of the parties and the object of the deed or restriction should govern, giving the instrument a just and fair interpretation.”)
  6. Cypress on Sunland Homeowners Ass'n v. Orlandini, 227 Ariz. 288, 297, ¶ 31, 257 P.3d 1168, 1177 (App. 2011) (citing Powell, 211 Ariz. at 557, ¶ 16, 125 P.3d at 377).
  7. Cypress, supra. (citing Powell, 211 Ariz. at 556, ¶ 10, 125 P.3d at 376)
  8. Saguaro Highlands Cmty. Ass'n v. Biltis, 224 Ariz. 294, 296, ¶ 6, 229 P.3d 1036, 1038 (App. 2010) (quoting Powell, 211 Ariz. at 556–57, ¶ 13, 125 P.3d at 376–77)
  9. Duffy v. Sunburst Farms E. Mut. Water & Agric. Co., 124 Ariz. 413, 416, 604 P.2d 1124, 1127 (1979).
  10. Duffy at 416–17, 604 P.2d at 1127–28
  11. Ainsworth v. Elder, 40 Ariz. 71, 74–75, 9 P.2d 1007, 1008 (1932)
  12. See, e.g., Duffy, 124 Ariz. at 416, 604 P.2d at 1127
  13. Whitaker v. Holmes, 74 Ariz. 30, 32, 243 P.2d 462, 463 (1952)
  14. See, e.g., Duffy, 124 Ariz. at 417, 604 P.2d at 1128; Burke v. Voicestream Wireless Corp. II, 207 Ariz. 393, 396, ¶ 13, 87 P.3d 81, 84, (App.2004)
  15. Grossman v. Hatley, 21 Ariz.App. 581, 583, 522 P.2d 46, 48 (1974)
  16. Lowden v. Bosley, 395 Md. 58, 909 A.2d 261, 267 (2006)
  17. Mullin v. Silvercreek Condo. Owner's Ass'n, 195 S.W.3d 484, 490 (Mo. Ct. App. 2006)
  18. See Yogman v. Parrott, 325 Or. 358, 937 P.2d 1019, 1021 (1997) (“The ordinary meaning of ‘residential’ does not resolve the issue between the parties. That is so because a ‘residence’ can refer simply to a building used as a dwelling place, or it can refer to a place where one intends to live for a long time.”); Scott v. Walker, 274 Va. 209, 645 S.E.2d 278, 283 (2007) (Restrictive covenant's requirement that lots be used for “residential purposes” was “ambiguous both as to whether a residential purpose requires an intention to be physically present in a home for more than a transient stay and as to whether the focus of the inquiry is on the owner's use of the property or the renter's use. . . . Moreover, if the phrase ‘residential purposes’ carries with it a ‘duration of use’ component, it is ambiguous as to when a rental of the property moves from short-term to long-term.”); Dunn v. Aamodt, 695 F.3d 797, 800 (8th Cir. 2012) (the phrase “residential purposes” in restrictive covenant was ambiguous as to short-term rental of property)
  19. Lowden, 909 A.2d at 267
  20. Id.
  21. Pinehaven Planning Board v. Brooks, 138 Idaho 826, 70 P.3d 664, 667–68 (2003)
  22. Id. at 668–69; see also Slaby v. Mountain River Estates Residential Ass'n, 100 So.3d 569, 579 (Ala. Civ. App. 2012) (“[P]roperty is used for ‘residential purposes’ when those occupying it do so for ordinary living purposes. Thus, so long as the renters continue to relax, eat, sleep, bathe, and engage in other incidental activities ... they are using the [property] for residential purposes.”); Ross v. Bennett, 148 Wash.App. 40, 203 P.3d 383, 388 (2008) (rejecting argument that short-term vacation rentals were distinguishable from permitted long-term rentals and concluding that: “Renting the ... home to people who use it for the purposes of eating, sleeping, and other residential purposes is consistent with the plain language of the ... [c]ovenant. The transitory or temporary nature of such use by vacation renters does not defeat the residential status.”) Houston v. Wilson Mesa Ranch Homeowners Ass'n, Inc., 2015 COA 113, ¶ 24, 360 P.3d 255, 260 (Co. App. 2015).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jaburg Wilk | Attorney Advertising

Written by:

Jaburg Wilk

Jaburg Wilk on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.