Please sign the petition asking the Board of Directors to revoke its new section on “RENTAL LIMITS AND FEES.”

Despite the questions and objections of the membership, the Board has added a new section in our Rules and Regulations titled "RENTAL LIMITS AND FEES." In this section, the Board implemented a 40% rental restriction (unless a hardship exists [as determined by the Board]) and added a $25 per month fee to the members who rent their units. This restriction denies the free use of our units as granted in our CC&Rs.

The Board has told us that it doesn't affect existing owners as they are grandfathered, but the new rules very much affect all 277 of us as owners for these three reasons:

1. The Board states a title change in the county records will remove your grandfathered rights. As an owner since 2007, I have filed several different title transfers over the years, first because of marriage; then because of divorce; and recently to place my property into a trust. As owners, we should have the right to title our property in the best interest of our asset protection. If I were to have a title change again under today’s rules, my right to rent would become subject to the rental cap.
2. If you plan to sell your unit at any time in the future, this rental restriction has now eliminated an investor as a potential buyer as that new buyer will be subject to the 40% rental restriction immediately. Even new buyers who intend to owner occupy their unit may resist purchasing a unit that works for their occupancy needs at the time of purchase but has lost its investment and equity potential when it can’t be rented out when the owners have outgrown the square footage or had a job transfer.
3. Usage rights of our individual condominium (“walls in”) are governed by our Covenants, Conditions and Restrictions ("CC&Rs"). Changes to how our owners can or cannot use our interior, privately owned units should be put to a vote at the membership level, and not implemented by our five-member Board of Directors. Regardless of how you may feel about renters, shouldn’t all rules that affect your interior usage be vetted and voted on by the membership? If this rule remains, it sets a precedent to modify any variety of interior usage provisions. Perhaps our next Board would like to restrict the ability to smoke inside your unit because the common areas are smoke free; or prevent you from having a pet inside your unit unless it is a certified service animal; or maybe, they would add that units are now subject to inspections to prove that the person on the title is the one occupying the unit and not your college-aged child or elderly parent.

Please sign the petition asking the Board of Directors to revoke its new section on “RENTAL LIMITS AND FEES.”  

In addition to harming our property values and sales potential, I personally think the new rules create division in our community that doesn’t need to exist. Whether a tenant or an owner lives inside your walls, all of us agree to follow the common area rules and restrictions (i.e., follow quiet hours, clean up dog waste, no glass in the pool area, etc.). No additional administration or services are required whether a tenant or owner occupies the residence. Those owners who rent their units already pay an upfront tenant registration fee and surrender use of the common area and shared amenities while the units are rented.

Our Board of Directors has a fiduciary duty to preserve property values and protect the common areas. I am grateful for the time they have volunteered but believe the RENTAL LIMITS AND FEES that they implemented on August 24, 2023 is both an overreach of their fiduciary duties as well as an infringement on the membership’s usage rights and must be revoked.