Proposed Rental Term Amendment

Current CC&R Regulations, Rules and Enforcement

Specific CC&R Regulations regarding Rentals

2. (p.2)  Said Lots are hereby restricted to single family dwellings for residential use only by one family.

11. (p.7)  No obnoxious or offensive activity may be carried on or permitted on any of said Lots, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood including without limitation annoying or offensive sounds or odors. No hazardous activities shall be conducted upon any of said Lots, nor shall any improvements which are wisafe or ha7.ardous to any person or property be pennitted. }{one of said Lots shall be used for any business, professional, commercial, religious or institution purpose except as specifically provided herein.

12. (p.7)  No boarders or renters of a portion of any of said lots shall be permitted, but an entire lot, together with the improvements thereon, may be rented only to a single family.

Specific Rules regarding Rentals

Occupancy and Lease/Rental Restrictions/Tenant Registration

1.1  As provided in Section 2 of the CC&Rs, the Lots are restricted to single family dwellings for residential use only by one family.   For purposes of the CC&Rs and these Rules, the term “family” means a group of one or more adults who regularly (not temporarily) maintain a common household, along with any minor children under the legal custody of the adult(s) in the family and together with their domestic employees or contractors; provided, however the adults in the group shall consist of either: (a) persons who are each related to each other by blood, marriage, or legal adoption; or (b) not more than four (4) persons, some or all of whom are not related to the others by blood, marriage or legal adoption.  As provided in Section 12 of the CC&Rs, no boarders or renters of a portion of any of the Lots shall be permitted, but an entire lot, together with the improvements thereon, may be rented only to a single family.  All rentals/leases must be registered with the Association as provided in the Association Rules.

1.1.1  For the purposes of the definition of family provided above, adults who intend on maintaining, or who do in fact maintain, a common household for 30 consecutive days or more shall be considered to regularly (not temporarily) maintain a common household.

1.2  ARS § 33-1806-1 allows homeowner associations to implement a Tenant Registration Policy and charge a processing fee. The Association makes all governing documents, such as CC&Rs and Bylaws, available on the Association website.

Within fifteen (15) days after commencement of each lease/rental term (even a renewal), the owner of the residence shall provide the Association with a completed copy of the Tenant Registration Form.  In addition, the owner shall pay the Association a $25 processing fee within fifteen (15) days after commencement of the lease/rental term if there is a change of tenancy.  Existing contracts between owners and tenants will not be grandfathered in or exempt from this new program.

The owner/Member shall be liable for any violation of these Rules by the tenants or other persons residing in the home and their guests or agents.  Owner is advised to explain and provide copies of the Rules, relevant CC&Rs, and all Association policies to the lessee/tenant.  The owner/Member, upon demand of the Association, shall immediately take all necessary actions to correct any violations.

All fees associated with this policy are the responsibility of the owner/Member.

Enforcement

The Association has adopted the Violation Enforcement Policy and Fine Schedule.  Violations of these Rules will be addressed as set forth in such policy and may be enforced as otherwise permitted by applicable law.  Consequences for enforcement may include, but are not limited to, fines, suspension of membership privileges, and legal action.  Any Association expenses incurred in relation to violations of these Rules may be recovered from the responsible member to the greatest extent allowed by law and the Association’s governing documents.

Rental Violation (Less Than All of Lot or Not as Single Family Residence) p.3

No Courtesy Notice required

      • Violation Notice – amount being charged as rent, or minimum of $200 fine per day of the rental term
      • Recurring Violations – amount being charged as rent, or minimum of $200 fine per day of the rental term