ccrs: Chris Combs On CC&Rs Can Be Amended to Prohibit Short-Term Rentals
- 05/05/22 06:49 AM
From the advice of one of our preferred Attorneys, Mr. Chris Combs of Combs, Gottlieb & MacQueen, P.C.: CC&Rs Can Be Amended to Prohibit Short-Term Rentals Question: There is so much information on the Internet about whether the CC&Rs of a community can be amended to prohibit short-term rentals. Just answer “yes” or “no,” please. Answer: Unfortunately, there is no absolute “yes” or “no,” as it depends on the language in the CC&Rs. The CC&Rs of most communities, however, can be amended to prohibit short-term rentals. First, in the beginning paragraphs of most CC&Rs, there is precatory language such … (0 comments)
ccrs: Ban On Short-Term Renters of Condominiums Requires Unanimous Vote
- 03/23/22 06:08 PM
From the advice of one of our preferred Attorneys, Mr. Chris Combs of Combs, Gottlieb & MacQueen, P.C.: Ban On Short-Term Renters of Condominiums Requires Unanimous Vote Question: We live in a condominium community in central Phoenix. In the last two years we have had a number of the condominiums being used as short-term rentals. The result is that our condominium community is now much noisier and less friendly. A large group of us want to amend our CC&Rs to prohibit short-term rentals in our condominium community. Our CC&Rs require 67% of the condominium owners to agree to any amendment of our … (0 comments)
Question: In a recent column you said that, if the required majority of homeowners, e.g., 51% of the homeowners, vote to amend the Covenants, Conditions, and Restrictions ("CC&Rs") to prohibit short-term rentals, then such restrictions would be enforceable against all homeowners. I understand that when a buyer purchases a home, that buyer must comply with the existing CC&Rs. Any amendment to the CC&Rs, however, should only apply to a buyer who purchases a home … (0 comments)
Question: Our Gilbert community of 60 homes was built by the developer in 1969. We are having problems with a short-term rental in our community. In this short-term rental the tenants are moving in and out almost every day, parking in the wrong areas, and trashing our swimming pool. A group of our neighbors wanted to amend our CC&Rs to prohibit short-term rentals of less than 30 days. We learned, however, that there have never been any CC&Rs for our community. Our understanding now … (0 comments)
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