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.
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.
- 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).
- 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.
- 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.