I understand that there is a separate set of rules regarding the renting out of a home for a “rental agency” than for the owner with regards to the 90-day minimum. Where can I find this information in our documents??

I understand that there is a separate set of rules regarding the renting out of a home for a "rental agency" than for the owner with regards to the 90-day minimum. Where can I find this information in our documents??

Response:

Hello - Please refer to your copy of the Rules & Regulations, page 8, section 2.3 Renting or Leasing a Residence:

"The rental agreement, or lease, shall apply to not less than an entire Residence (including Casitas when one exists)"

Response 2:

We may have misunderstood what you were asking about earlier, so here is another reference to the rental agreements in our current CC&R's:  https://www.scshca.com/ccr

I have listed Section 2.08 (b) for your convenience:

Section 2.08 (b). Requirement-s That Must Be Observed In All Residential Leases. The following

specific limitations shall apply to all leases or tenancies of a Residence within the Development:

(i) with the exception of vacation rentals that are being administered by a responsible vacation

rental program administrator or by the Declarant, no Residence may be leased or rented for a

period of less than ninety (90) days; (ii) the lease or rental must be to a Single Family; (iii) the

rental shall apply to not less than an entire Residence including its appurtenant rights to use the

Common Facilities (except that voting rights in the Association may not be transferred to a

tenant or lessee); and (iv) any rental shall be evidenced by a written lease or rental agreement

which shall provide that the tenancy is subject to the terms of the Governing Documents and that

any failure of the tenant to comply with the terms of any Governing Document relating to

residential leases, property use restrictions or the use and enjoyment of any portion of the

Common Areas and Common Facilities shall constitute a default under the lease or rental

agreement and shall entitle the Owner to terminate the tenancy upon thirty (30) days' written

notice. The Owner-lessor's right to terminate a lease or rental agreement on account of the

tenant's violation of the Governing Documents shall in no way restrict the right of the

Association, the Declarant, or any Owner to enforce the Governing Documents in accordance

with Article XIII, below, when the Owner's tenant is violating the Governing Documents.

Also, it should be noted that we are currently voting on changing the minimum rental period from the 90 day rental term to 45 days and these proposed changes can be viewed at https://www.scshca.com/revised-governing-documents-final-red-line-drafts/.

Deadline the day of the Special Board Meeting: Ballots delivered to the Board meeting must be received by HOA Elections no later than: Tuesday, November 13, 2018 by 10:00 am unless extended by the Inspectors of Election.


Category: Renting / Leasing

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