Las Sendas

PROPOSED CC&R AMENDMENT

Vote YES to prohibit short-term rentals
 
At the July 2021 Open Board Meeting, the Board supported an initiative to propose an amendment to the community governing documents (CC&Rs) that would limit all rental contracts within the community to 31 days or more.

If approved by a 75% vote, the proposed amendment would prohibit short-term rentals (or vacation rentals) in our residential community.
 
Similar master-planned communities, such as Desert Mountain and The Islands, have passed similar amendments to their CC&Rs.
 
The board asks homeowners to VOTE YES to the proposed amendment, but it is important to be well-informed before casting your vote. Please review all resources provided and reach out to the Association office with any feedback or questions.
 
Printable FAQs
 
Vote Now

WHY SHOULD I VOTE YES?

We want Las Sendas to remain a safe, family-friendly community where neighbors know one another. Short-term rentals (often advertised through Airbnb or Vrbo) are popular vacation destinations. Las Sendas is one of the few master-planned communities in the area without CC&Rs that restrict short-term rentals. Without a CC&R amendment, Las Sendas presents vacation rental investors with an easy business opportunity.
 
Las Sendas homeowners have already reported the adverse effects that short-term rentals have on their neighborhoods.
 
Some of these effects include:
  • Excessive noise
  • Late-night parties (24/7)
  • Illegal or problematic parking
  • Trash issues
  • Overwhelming or disrespectful amenity usage
  • General lack of compliance with community rules
 

HOW CAN I VOTE?

You can vote online, by mail, or in person at the Trailhead. If you vote online, you'll need your 16-digit access key, which was provided by mail to all owners, and in an email from invitations@mail.electionbuddy.com. If you don't have your access key, call the Association offices at 480-357-8780 to retrieve it.
 
Paper written consent forms can be retrieved and then mailed or returned to the Las Sendas Community Association at 7900 E. Eagle Crest Dr., Mesa, Arizona, 85207.
 
If you want to vote in person, you may do so at the Las Sendas Trailhead at 7900 E. Eagle Crest Dr., Mesa, Arizona, 85207. Our office hours on Monday through Friday, 8:30 am-4:30 pm.
 
Once you have your physical or online written consent form, we invite you to vote YES.
 
Because this is a written consent vote, there is no due date, giving you time to review these materials. See FAQs — VOTING for more information on how the voting process works.
 
Quick links:
 
 

WHAT DOES THE AMENDMENT ACTUALLY SAY?

The proposed CC&R amendment states that Las Sendas homes:
  • May not be rented or leased for less than 31 consecutive days
  • May not be advertised for lease as a vacation rental
  • May not be used as timeshare or fractional interest properties
These restrictions would apply to the full residential unit and lot. Click here to read the proposed amendment in its entirety.
 
Click here to read the red-lined version (note that the red text is what is being proposed to add).
 

FAQs — BACKGROUND INFORMATION

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including background information regarding the amendment and vote.
 
Printable FAQs
 
What are CC&Rs and what do they have to do with short-term rentals?
 
When you purchased your home in Las Sendas, you agreed to abide by a set of community rules. These rules were outlined in a Declaration of Covenants, Conditions, and Restrictions (or CC&Rs). Currently, these rules do not prohibit short-term rentals. Click here to view our CC&Rs.
 
 
What is a short-term rental?
 
A short-term rental is a home or any other portion of a lot made available to renters for a short time, often for vacation. Airbnb and Vrbo are popular apps that advertise short-term rentals. They are sometimes referred to as vacation rentals.
 
 
What are timeshares and fractional interest properties?
 
Timeshares are properties owned under a time-sharing agreement, usually where several owners use a property as a vacation home and not for residential use. A fractional interest property is very similar where multiple families purchase a property for vacation purposes and split their usage based on their ownership percentage.
 
 
How big of a problem are short-term rentals in Las Sendas, really?
 
Presently, the Association estimates that about 17% of Las Sendas homes are potential rental properties. While we are gathering data through our rental registration, Las Sendas residents have reported illegal parking, excessive (often late-night) noise, and disrespectful usage of community amenities by short-term rental guests. These temporary guests may not have a vested interest in keeping our amenities clean and in good condition.
 
We know that the number of short-term rentals in Las Sendas is continually rising — so while you may not currently have one in your immediate vicinity, this could easily change at any time. Problematic short-term rentals can have adverse effects on their nearby neighbors, others in their enclave, and even the Las Sendas community as a whole.
 
 
Didn't we already have a policy prohibiting short-term rentals?
 
Yes; however, that policy has since been invalidated. In 2009, the Las Sendas Community Association implemented a good neighbor policy to promote harmony within the community through a rental policy that prohibited any new leases from having a term of six months or less. This policy was invalidated when, in 2016, Governor Doug Ducey signed into legislation A.R.S. §33-1806.0l(A), allowing any individual to use their home as a short-term rental unless expressly prohibited by a community's CC&Rs (ours do not).
 
 
Why 31 days?
 
 
The Las Sendas Board of Directors and the Short-term Rental Working Group chose this length of time as a compromise, primarily because most rental complaints have been related to vacationers who violate Las Sendas rules. Such violations include loud and late-night partying, excessive street and fire lane parking, or trash bins being placed out multiple times per week on non-collection days.
 
It is believed that tenants with leases longer than 31 days are likely living in a home as residents and not as vacationers. This time frame also allows our seasonal residents to rent out their home while they may be out of town for more than a month at a time.
 
 
What has the Association done previously to combat these issues?
 
The Las Sendas Community Association has attempted to minimize the adverse effects of short-term rentals on our community in various ways.
 
  1. They implemented a good neighbor policy in 2009 to promote harmony within the community through a rental policy that prohibited any new leases from having a term of six months or less. This policy was invalidated when, in 2016, Governor Doug Ducey signed into legislation A.R.S. §33-1806.0l(A), allowing any individual to use their home as a short-term rental unless expressly prohibited by a community's CC&Rs (ours do not).
  2. The Association has and continues to enforce neighborhood policies through violations, including parking and trash days. Fines are escalated when there are recurring violations for a particular property.
  3. Implemented a Rental Registration Policy and Process wherein homeowners must register each new renter at their property and incur a fee for each update. While this does create a hurdle for short-term rental homeowners and generates minimal revenue for the Association, its major purpose is to issue specific gate codes to the renters and deactivate them at the end of their lease. This way, short-term renters will no longer have access to the enclave after they leave.
 
 
Instead of prohibiting short-term rentals, why aren’t we working with owners or property managers to address individual problems?
 
Many short-term rental owners and property managers are responsive and willing to assist with enforcement and concerns; however, many others are not. Even if an owner or property manager is willing to help and does their best to manage guests and their activities, they are often not made aware of a problem until after it has occurred. This means Las Sendas residents are still impacted by short-term rentals.
 
 
Who can I contact now when a neighbor violates our CC&Rs?
 
If a neighbor is violating an existing provision in our CC&Rs, you have a few options.
 
If you know the property owner, tenants, or management company, you can contact them directly in person, by phone, via email, or in writing. You can also file a complaint on vacation rental websites or platforms that advertise the property when applicable. The following links might be helpful:
 
Residents can also report violations by calling or emailing our patrol and compliance teams (see contact information below). If our teams can witness the violation (such as a trash can out on the wrong day or a noisy party during the night), we can send a violation letter to the property owner. For ongoing issues that we cannot witness, you may need to submit a complaint form to the Association. Enforcement of our CC&Rs follows the Violation Enforcement and Fine Policy updated earlier this year.

For stronger enforcement of noise complaints between 10:00 pm and 6:00 am, you can contact the City of Mesa Police Department non-emergency line at 480-644-2211. If the noise violates the City of Mesa Noise Disturbance Ordinance, the police may issue a citation and can issue escalating fines for repeat offenses.

FAQs — POTENTIAL IMPACT

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including information about the potential impact of the amendment if passed.

Printable FAQs
 
If passed, what will happen to short-term rentals currently in the community?
 
If the amendment is passed, there will be a six-month grace period where short-term rentals can continue to run as usual. After the six months, short-term rentals will no longer be allowed in Las Sendas. These properties may opt to sell, convert to a long-term rental, or otherwise use the home for residential purposes.
 
Once the amendment is recorded, it will be publicly available to potential buyers and investors and disclosed through the escrow process.
 
 
Will existing short-term rentals be “grandfathered in”?
 
No; however, existing short-term rentals will be allowed 180 days from the date of approval to end any agreements they have and make other arrangements for the property. As with any compliance issue, the board is willing to work with owners who have extenuating circumstances so they can come into compliance.
 
 
If passed, can my family and friends still stay at my home?

Yes. This proposed amendment would not prohibit you from inviting over family or friends for any occasion. However, the amendment would prohibit Las Sendas owners from allowing their family and friends to rent the home for less than 31 days.
 
 
If passed, how will we enforce this policy?
 
The Board of Directors will create and approve a revised Violation Enforcement and Fine Policy for non-compliant homeowners if the amendment is passed. Noncompliant homeowners may receive monetary penalties and/or court action.
 
 
Does this amendment allow my deed to be held in a trust, LLC, or family designation?
 
Yes. If this amendment passes, deeds may still be held in a trust, LLC, or family designation, so long as the property is used for residential purposes and not as a short-term or vacation rental investment.
 
 
Does this amendment affect Cachet?
 
Cachet at Las Sendas is its own separate corporation with specific governing documents (CC&Rs) which were successfully amended to prohibit rentals less than six months. However, Cachet owners should certainly care about the property values and quality of living in the entire community.  If either of those decreases, it will adversely affect the entire community, including Cachet. Thus, we are urging Cachet owners to vote yes in order to help the community and themselves
 
 
Has the board considered the potential negative impact on home prices if short-term rentals were banned?
 
Yes. The Board believes that short-term rentals have a negative impact on property values and quality of life within the association.
 
 
Has the board considered the financial impact of prohibiting short-term rentals to homeowners who are not permanent residents and want the option to lease?
 
Yes. A limit of 31 consecutive days was a compromise with that in mind. The 31 consecutive-day restriction will allow owners to rent their homes and earn income, while still reducing the likelihood of vacation renters who may negatively impact their neighbors.

FAQs — FUNDING

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including information about how this vote and campaign are funded.
 
Printable FAQs
 
What Association funds have been allocated to this vote and campaign?
 
As discussed in board meetings noticed and open to all Las Sendas residents, the board approved a not-to-exceed budget of $50,000 for this vote and campaign. This money has been allocated for:
 
  • Legal fees for guidance throughout the entire process.
  • Supplies for printing, envelopes, and postage to send direct mailers to owners of record (3,430 owners), including official notice of the vote and campaign.
  • Service fees for a third-party to conduct and oversee the online voting system and counting of votes.
  • Service fees for a third-party to conduct and audit the written consent votes for validity of current ownership.
  • Printed materials including brochures, flyers, and signage, and promotional giveaways for community events.
  • Advertising to inform residents about the vote and campaign.
  • Necessities for enclave ambassador training and resident town hall meetings.
  • Necessities to organize enclave events (55 enclaves).
  • Third-party services to call and send correspondence to residents.
  • Miscellaneous communication and engagement tools.
 
Any additional funds must be approved by the board in an open session board meeting.
 
 
What costs are being incurred in the form of CCMC staff hours being spent working on the short-term rental issue?
 
The Las Sendas Community Association is professionally managed by CCMC. Staff hours are dedicated to the daily operations of the community, including oversight of contractors, financials, communication, compliance, maintenance, lifestyle activities, and various board-sanctioned projects and priorities. Because the short-term rental CC&R amendment vote is a priority of the board, it is one of the many projects to which CCMC allocates its time during regular working hours.
 
 
Which Board members voted "yes" to approve spending $50,000 to try and amend the CC&Rs to disallow property rentals of less than 31 days? Were there any who voted "no"?
 
At the July 22, 2021 open session board meeting, the board unanimously approved the CC&R amendment plan that had a budgetary impact of $41,000. Additional funding related to this CC&R amendment vote was approved unanimously by the board at the September 23, 2021 open session board meeting.
 
 
What fees are being paid to lawyers to fight the lawsuits that are being filed against the Association?

As of November 15, 2021, we have not received any notice of lawsuits filed against the Association.
 
As discussed in board meetings noticed and open to all Las Sendas residents, the board approved a not-to-exceed budget of $50,000 for this vote and campaign. Among other things, the budget includes costs for legal fees for guidance throughout the entire process, up to the recording of the amendment, if passed by Las Sendas owners.
 
Costs to defend the Association against potential lawsuits are not included in this budget. Las Sendas carries Directors and Officers (D&O) Insurance to help defend the association and board in the event of a lawsuit.

FAQs — LEGAL

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including answers to questions about the legality of the proposed amendment.
 
Printable FAQs
 
What lawsuits have been filed against the Board regarding short-term rentals or this amendment?
 
As of November 15, 2021, we have not received any notice of lawsuits filed against the Association.
 
Lawsuits filed against the Board or individual board members concerning decisions made as a part of their duties on the Board would be defended by the Association’s legal counsel, and most likely covered by the Association’s Directors and Officers (D&O) Insurance carrier. 
 
 
I read about the Dreamland Villas case and heard that this amendment wouldn’t be legal. What makes this different?
 
Dreamland was an extreme case in which owners were forced into an association and forced into paying assessments against their will. In our case, the residents are voting to amend existing CC&Rs to address vacation rentals in a way that is consistent with the purpose of residential restrictions. 
 
For example, Desert Mountain owners recently approved a short-term rental amendment. After the amendment passed, a small group of short-term rental owners filed a lawsuit against the Association. 
 
The Desert Mountain board followed all policies and procedures throughout the process. Because everything was done carefully and correctly, the group was unsuccessful and the amendment was upheld. In that case, the court distinguished between Dreamland Villas and a short-term rental amendment. The Las Sendas board continues to follow all policies and procedures, including proposing the amendment for community vote.
 
 
Has the board thoroughly considered the legal implications of trying to amend the CC&Rs and the cost of a protracted legal battle should that occur?
 
Yes. Prior to approving the CC&R Amendment Plan, the Board consulted with an attorney who not only specializes in HOA law but also successfully assisted another community with a similar amendment to their CC&Rs. This attorney subsequently won two court challenges.
 
75% approval from homeowners is required to pass the amendment. If it is approved per the CC&Rs, we are confident that the courts will agree that it is valid. For this reason, we are also taking steps to protect the integrity of the vote.

FAQs — COMMUNICATION

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including information on how to vote and proposed amendment are being communicated to Las Sendas owners.
 
Printable FAQs
 
Why are enclave ambassadors contacting me?
 
Enclave ambassadors are your neighbors who’ve volunteered their time to provide you with association-produced materials regarding the proposed amendment. Their primary role is to encourage you to participate in the vote.
 
If you have any additional concerns regarding enclave ambassadors, please contact our association offices during regular business hours at 480-357-8780.
 
 
Why didn’t the board release the amendment language or other information sooner?
 
This issue affects every lot and has the potential for confusion and misinformation. Thus, the working group and board wanted to ensure that as many questions as possible were addressed before releasing the amendment so that owners have all of the applicable information at once.
 
 
Why isn’t the association sharing both sides of the issue?
 
The board approved the amendment plan and is asking owners to vote yes because they believe the amendment is in the best interest of the Association. This position comes after years of research and resident feedback to learn the impact of short-term rentals. We anticipate that some owners will have opposing views, and all owners are welcome to talk with their neighbors to share their opinions. 
 
 
Where can I find the results of the resident survey regarding short-term rentals?
 
In July 2019, an online survey was shared with residents to better understand their experiences with short-term rentals. The survey had 649 respondents and the results of the survey led to further exploration of short-term rentals in Las Sendas. Below are links to view these results.
 

FAQs — MISCELLANEOUS

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including answers to miscellaneous questions received by the Association.
 
Printable FAQs
 
Why does the board meet in secret?
 
The board does not meet in secret. All board meetings — executive, open, and working sessions — must be communicated to homeowners per Arizona law (see ARS §33-1804). Every executive session meeting is noticed to the membership in advance and includes a reference to the reason the meeting is being held. Although all meetings are noticed, not all meetings are open to homeowners. The board is allowed to meet in executive session for these five reasons only:
 
  1. Legal advice from an attorney for the board or the association. On final resolution of any matter for which the board received legal advice or that concern pending or contemplated litigation, the board may disclose information about that matter in an open meeting except for matters that are required to remain confidential by the terms of a settlement agreement or judgment.
  2. Pending or contemplated litigation.
  3. Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.
  4. Matters relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.
  5. Discussion of a member's appeal of any violation cited or penalty imposed by the association except on request of the affected member that the meeting be held in an open session.
 
 
Who is on the Short-term Rental Working Group (STRWG)?
 
In 2019, the Board invited owners to submit applications to join a working group that would research, analyze, and make recommendations regarding short-term rentals. Nine people submitted applications, but the original charter only allowed up to seven members. The Board thought it was beneficial to have participation from all nine applicants and revised the charter so that all nine could be appointed.
 
During the tenure of the group, it has included neighbors who are affected by short-term rentals as well as owners of these properties to get a well-rounded understanding of the issues.
 
 
Why does CCMC support this?
 
CCMC serves at the pleasure and direction of the elected Board of Directors. Among other things, they provide guidance and support to help the Board make the most informed decisions that comply with relevant law. 
 
Executing the Board’s priorities is part of the management team’s role in community operations; this includes the proposed amendment. As part of this process, CCMC shares all resident amendment feedback, both positive and negative, with the board and Short-term Rental Working Group.
 
 
I have a short-term rental next to me and don’t have any problems. Why are we taking away the rights of people who enjoy vacationing in Las Sendas and who don’t break rules?
 
Las Sendas owners have an expectation that their rights as owners would be prioritized over the rights of non-residents who are vacationing in their neighborhoods. Owners often express an expectation for quiet enjoyment of their homes, and for the association to enforce community rules.
 
The board initiated the amendment process because it heard from many owners over the past three years that many short-term rentals often welcome guests that negatively impact the quiet enjoyment of their homes. Owners also contact our association with great frustration about the repeated violations at short-term rental properties, which are difficult to capture and effectively enforce.
 
 
Doesn’t this take away my property rights?
 
To protect the property rights of residents who purchased in Las Sendas, our CC&Rs require 75% of all owners to approve the proposed amendment. With this high of an approval requirement, the amendment restricts the rights of owners to do what they want with their property.
 
Ownership within an HOA puts restrictions on owners through the CC&Rs, Bylaws, and policies of the Association. These documents are disclosed and signed when you purchase your home. One owner’s rights should not supersede the rights of their neighbors to live in the quiet, peaceful neighborhood of Las Sendas that they bought into. One problematic home can easily affect eight or more neighboring homes and even the Association as a whole. It is the board’s responsibility to act in the best interest of the majority of owners and to safeguard the residential lifestyle laid out in the declarations of the CC&Rs.
 
 
There are lots of things worth changing in the CC&Rs, why are we spending money on this issue? 
 
Because the CC&Rs require approval of 75% of all owners, and the cost can be very high, it is not an endeavor the board initiates unless enough residents have asked the Board to take action on a specific issue, and the issue impacts residents in a meaningful way. The Board was receiving regular complaints from residents about short-term rentals and believed the negative impact they have on Las Sendas residents warranted this amendment to be pursued.
 
 
What is being done about long-term renters who live in Las Sendas?
 
Section 3.12 of our CC&Rs concerning residential use states “The leasing of a Residential Unit by the Owner thereof shall not be considered a trade or business within the meaning of this Section.” Additionally, Arizona Law prohibits an association from enforcing rules differently with rental units than non-rental units. Therefore, the Association isn’t able to take any action to remove long-term renters or take any action that could appear to be discriminatory against rental units. If you have concerns about rules violations at a particular home, you can report those to management so they can enforce them per the approved Violation Enforcement and Fine Policy.

FAQs — VOTING

Here you'll find frequently asked questions about the proposed short-term rental CC&R amendment vote, including specific questions about how to vote and the voting process.
 
Printable FAQs
 
Who can vote?
 
One homeowner of each lot has the right to vote per our community's CC&Rs. Owners of multiple lots can vote once per lot.
 
If you own multiple properties, you may vote once per lot. You should receive a unique code for each lot you own.
 
 
Why do I need to vote?
 
If you choose not to vote, you are essentially voting against this amendment. Abstaining from voting (or voting "no") indicates that you are in favor of having short-term vacation rentals in our community. It will take no less than 75% of members voting affirmatively to prohibit short-term rentals.
 
 
Can I change my vote after submitting it?
 
Yes – at any time during the open vote should a homeowner change their mind, they may revoke their original consent by submitting a written request.
 
 
How do I vote "yes"?
 
By selecting "I hereby indicate my consent to and approval of the proposed Amendment" online or on your paper written consent form, you are effectively voting "YES" to amend our CC&Rs and prohibit short-term rentals in Las Sendas.
 
By selecting "I hereby indicate that I do not consent to or approve of the proposed Amendment" or if you do not vote at all, you are effectively voting "NO" and saying you do not want to approve the amendment to our CC&Rs.
 
 
How do I get my 16-digit code to vote?
 
The code was included in the formal notice that was mailed by USPS to your mailing address on record. As a courtesy, it was also emailed from Election Buddy on November 15, 2021. We recommend you check your spam, junk, or trash folders for the email. If you still cannot find the code, you can call the Trailhead at 480-357-8780 or email cbromley@mylassendas.org. Additionally, you can vote in person at the Trailhead.
 
 
Was notice of this vote provided to all Association members?
 
Yes. On November 11, 2021, a notification letter was mailed to all members of record. Members are Las Sendas homeowners and lot owners. Click here to view the letter.
 
 
When will this vote end, and when will we know the results?
 
This CC&R amendment vote is a written consent vote. This means that the vote will not end until enough residents vote either in favor or against the proposed amendment. Our CC&Rs require that 75% of Las Sendas homeowners vote in favor of any amendment for it to be adopted.
 
Once we have enough votes either in favor or against the proposed amendment, the votes will be validated by a third party for authenticity and current homeownership in Las Sendas. The Association will notify all residents of the vote's outcome.
 

Who is counting the votes?
 
ElectionBuddy is a third-party election and voting service that will be counting and validating each of the votes. When all votes are counted, another third-party service will verify that all votes came from current Las Sendas homeowners.
 

What is being done to ensure the vote isn’t “rigged”?
 
Las Sendas is using two third-party services to help ensure the integrity of the vote. First, ElectionBuddy is our online voting platform. They assign a 16-digit code to each unit which allows each unit to only vote once. If the association receives 75% approval, ElectionBuddy will provide documentation to certify the results. 
 
Additionally, the association will utilize a third-party firm to count the paper ballots and further review the votes to ensure integrity.
 
Again, this is a proposed amendment that the board is putting to a community vote. Although the board believes it’s in the community’s best interest to vote yes, they would in no way ever compromise the integrity of the vote.

ADDRESSING OPPOSITION

The positive aspects of short-term rentals — and arguments for a "no" vote — were considered. Below are responses to address these concerns.
 
Printable FAQs
 
The availability of short-term rentals allows for friends or family of Las Sendas residents to stay in close proximity.
 
The opening of a new hotel, Home2Suites by Hilton Mesa Longbow, offers accommodations in close proximity to Las Sendas. This hotel is just five minutes from the Power Road entrance into Las Sendas
 
 
Short-term rentals allow prospective buyers to experience living in the neighborhood before purchasing.
 
Prospective buyers can still experience the neighborhood by arranging a rental that is longer than 31 days.
 
 
Short-term rentals allow homeowners to generate an income from their homes.
 
Owners may still generate an income from their home by renting it out for longer than 31 days. The majority of problems arise from vacation rentals of short duration. The restriction of rentals shorter than 31 days is to maintain the owner’s ability to generate income, yet ensure it is not at the cost of the quality of life of residents in neighboring homes. One problem rental can affect residents in 8 or more surrounding homes, while renters’ behavior when using the common amenities can potentially affect everyone in the Association.
 
 
The Amendment will restrict homeowners’ ability to generate an income.
 
Owners may still generate an income by renting their property for more than 31 days.
 
 
The Amendment is coming out of the blue and changing the rules.
 
It is clear that the initial intent of our CC&Rs was to preserve a residential lifestyle in Las Sendas by restricting homes to single-family use and limiting business use of each property. At the time the CC&Rs were drafted, vacation rentals were not a known issue.
 
In 2009, when vacation rentals started to become more popular, the board at the time moved to preserve the residential lifestyle in Las Sendas by banning rentals shorter than six months. That restriction was in place until it was invalidated in 2016 by new state legislation. After seven years, the state legislature changed the rules, invalidating the existing Las Sendas policy.
 
In 2019 — after receiving numerous complaints from residents as short-term rentals returned to the community — the Board initiated the process of investigating appropriate next steps to preserve the residential lifestyle in Las Sendas.
 
The board then established the Short-term Rental Working Group, as communicated to residents in meeting minutes from the February 28, 2019 open session board meeting. Owners were invited to submit applications to join the working group and updates were provided to residents through various communication channels over the last two years. The efforts of the working group eventually led to this proposed amendment vote.
 
 
The Amendment is unnecessary. Airbnb and VRBO will deal with problem short-term rentals if they receive complaints and will even remove them off of their websites.
 
While this may be true for many short-term rental properties, it is not an immediate process and does nothing to prevent those problem short-term rentals from moving to a different platform that does not have the same policies.  
 
Additionally, not all short-term rentals are associated with Airbnb, Vrbo, or other larger entities with established complaint processes. For these lots, gaining assistance from owners or managers has been difficult.
 
Finally, when owners and property managers are willing and able to act quickly to address concerns, their efforts are often reactionary since it is difficult for them to prevent every unique guest from breaking established rules.
 
 
The Amendment will penalize everyone rather than just dealing with the problematic short-term rentals.
 
Several steps have been taken in an attempt to deal with problem rentals. Unfortunately, the efforts are labor-intensive, time-consuming, potentially risky, and ultimately do not provide timely relief to the residents living in neighboring homes who have a right to enjoy their residence in peace.
 
Monitoring and dealing with problem short-term rentals represent a financial cost that affects all members of the Association.
 
While owners of short-term rentals and owners who want the option to rent their homes as short-term rentals may have this option removed, the amendment — if passed — will protect the rights of the greater majority of owners who are residing in Las Sendas.
 
 
Association funds are being wasted on this issue and on trying to get owners to vote "YES".
 
A great deal of staff time, Association funds, and even police resources have been utilized to deal with complaints about problematic short-term rentals in our community. With the increasing popularity of short-term rentals and the ever-increasing number of vacation rental properties in Las Sendas, the expectation is that the resources required to deal with problematic short-term rentals will only continue to increase.
 
Dealing with this issue now and allocating funds aimed at trying to prevent the problem is felt to be most cost-effective. In this case, the board has reason to believe this issue is impactful to the entire community, and that the amendment would be in the best interest of the community as a whole.
 
 
The short-term rental issue was dealt with in secrecy.
 
The board made an open call for volunteers to sit on the Short-term Rental Working Group (STRWG). When nine volunteers responded, the board voted to expand the committee to nine members from seven in order to allow everyone interested to join the group. All meetings held by the STRWG were open to members of the Association and many were attended by one or more guests.
 
Recommendations were made to and voted on by the board at open meetings. Meeting dates of both the STRWG and the Board were advertised in an email newsletter, our online community calendar, and other usual communication channels. In addition, articles were published in our community magazine to update the community on the STRWG’s activities.