Re: Rental policies?
From: R Philip Dowds (rpdowdscomcast.net)
Date: Wed, 9 Nov 2011 06:08:29 -0800 (PST)
Sorry, wasn't trying to be obscure.  Here's the deal ...

Your community "policies" can't supersede rights and duties written into your 
master deed and condo or HOA bylaws.  Similarly, master deeds and bylaws can't 
contradict rights conferred or duties imposed by State and federal law; if 
ill-considered provisions are challenged in court, they may get voided out.  
But I am not an attorney, and the details of all this need to get sorted out by 
qualified legal counsel in your particular jurisdiction.

But setting aside what attorneys think, consider further what's fair, ethical 
and reasonable in and for your own community.  The problem with setting a limit 
on % of units rented out is that those lucky households who jump to the front 
of the line have access to an option that is denied to households who try to do 
the same thing a few months later.  So if commitment is measured by duration of 
tenure, you are rewarding the least committed people (the ones who flee first), 
and punishing the more committed.  Is this really what you want?

RPD


On Nov 9, 2011, at 8:20 AM, Ann Zabaldo wrote:

> 
> Hi!
> 
> Good morning!
> 
> RPD -- I intuit that your last two posts have some very important information 
> in them which I would like to know.  This seems an important topic.  I'm 
> wondering if you could explain in simpler language?  Or perhaps someone else 
> could?
> 
> Thanks!
> 
> Best --
> 
> Ann Zabaldo
> Takoma Village Cohousing
> Washington, DC
> Principal, Cohousing Collaborative, LLC
> Falls Church VA
> 703 663 3911
> 
> On Nov 8, 2011, at 8:40 PM, Marty Roberts wrote:
> 
>> 
>> We here at Two Acre Wood in Sebastopol are in the thick of a  
>> discussion about home rental policies and amending our CC&R's.  Many  
>> of you probably know about the law going into effect Jan. 1 that will  
>> not allow CC&R's to limit rentals if the don't already have this in  
>> their CC&R's.
>> 
>> We are looking at a proposal that no more than 3 of our 14 houses can  
>> be rented out at any one time.  We have heard that with 50% rentals,  
>> homes would have a very hard time selling or getting financing.
>> 
>> Do others have policies like this and how are they working?  Pros and  
>> cons?
>> Thanks,
>> Marty
>> 
>> P.S.  Having a roommate in an owner occupied home is not a concern -  
>> it is only when the whole house is rented out by an absent owner.
>> 
>> 
>> 
>> Marty Roberts Productions
>> Web, video, and event production
>> Social media marketing
>> Project design and management
>> 
>> www.martyrobertsproductions.com
>> www.facebook.com/MartyRobertsProductions
>> www.linkedin.com/in/martyrobertsproductions
>> 707.829.9191
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
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> 
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