Here you'll find a few of the most frequently asked questions about the proposed short-term rental CC&R amendment vote. For answers to all frequently asked questions, click the "Printable FAQs" button below.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.