Rental Term Amendment

Summary of Short-Term Rental Issue

(Mailed to Homeowners July 10, 2020​)

In recent years our Continental community has seen a significant increase in the number of homes being rented by the week or weekend, primarily through websites such as Airbnb and Vacation Rental by Owner (VRBO). These single-family homes, which are rented for periods of less than 30 days, are referred to as Short-Term Rentals.

While a number of these short-term rental owners comply with Continental’s CC&Rs and Rules and Regulations, others fail to set any standards for their renters, resulting in real problems for the Homeowners near these properties.

In 2012, we approached Homeowners with a request to approve an amendment to limit all leases for a minimum of thirty (30) days. This appeal did not receive the required 2/3 vote.

In January 2019, we approached the Homeowners with a second request to approve an amendment to limit all leases to a minimum of thirty (30) days. This amendment included two (2) additional amendments to the CC&Rs and all three did not receive the required 2/3 vote.

Over time the complaints about noise, large parties and trash related to the short-term rentals continue to rise. In November 2019, a non-binding survey was sent to all Homeowners. The survey sought to understand whether Homeowners would support an amendment to our CC&Rs to limit rental periods to a minimum of 30 consecutive days for single family homes. 729 Single Family Homeowners responded to the survey with 502 indicating they would support the amendment and 227 indicating they would not support the amendment.  

As set forth in The Amended and Unified Declaration of Continental Country Club, Inc. (Document #3399677 recorded on 08/25/2006 section 15)(“Unified Declaration”), “All changes to these Restrictions shall require the written approval of the owners of two-thirds (2/3) of the lots in the Subdivisions and two-thirds (2/3) of the Association’s Board of Directors.” At the June 2020 Board Meeting, the Board unanimously approved the proposed change to the Unified Declaration requiring a minimum 30-day lease, as set forth on the Consent Form that is being provided to all Homeowners subject to the Unified Declaration.

The next step following the Board of Directors approval based on the homeowners’ response to the November 2019 survey is a Consent Form sent to all Owners subject to Unified Declaration. The consent form is a single topic item to amend the Unified Declaration to restrict rentals to no less than thirty (30) consecutive days. The Consent Form will be mailed to all Homeowners by mid-July. Consent by two-thirds (2/3) of the lots subject to the Unified Declaration (or 807 lots) is required for the amendment to be adopted so your attention to this matter is critical in helping it be resolved.