Re: Rental policies
From: Marty Roberts (
Date: Wed, 9 Nov 2011 11:35:52 -0800 (PST)
We are trying to come up with a policy that addresses all these concerns. After Jan. 1, it will not be legal to amend CC&R's to limit rentals. Our concerns are:

1) We don't want to lose the cohousing feel of our community - with only 14 households, we fear a lot of rentals will erode owner interest and community participation. 2) We've been told by lenders that you cannot refinance or get a loan if the community has a large percentage of rentals 3) Some people are worried about property values if there were a lot of rentals. 4) We find in general that renters do not have the same commitment to participation and upkeep of the property etc. (exceptions of course) 5) To preserve rights, we are talking about a limit on time a house can be rented if someone else wants to rent for awhile. Maybe 3 house at a time and if a 4th wants to rent, the first one out needs to move back or sell the house. 6) Of course any of this can be changed by amending our CC&R's if we want to.

I am looking to see if anyone has this sort of renter limit in their CC&R's and how it is working.
Two Acre Wood, Sebastopol, CA (north of San Francisco)

On Nov 9, 2011, at 10:45 AM, R Philip Dowds <rpdowds [at]> wrote:

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?


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