Community Insider Summer 2018 - Page 38

Occupancy Registration Certificate. The San Diego City Attorney’s office is awaiting City Council’s input on short-term rentals before it can effectively enforce the San Diego Municipal Code. There have been proposals from different city council members as to how to handle short-term rentals, but none have generated sufficient support to result in legislation. This leaves San Diego neighborhoods in a difficult position to prevent short- term rentals. The good news is that there are options available to homeowners associations. The growing trend has been for associations to amend their governing documents to add specific rental restrictions with regard to short-term rentals. When amending the governing documents, it is a best practice to amend both your CC&Rs and Rules and Regulations to address short term rentals. If your documents are more than a few years old, the CC&Rs likely do not specifically limit short-term rentals. If your association does decide to amend your documents, it is important to have specific language that units or homes in the community may not be used for time-share purposes, hotel-like operations, or other transient purposes. All lease agreements should be in writing and a copy should be provided to the association along with the names and contact information for the occupants. Further, the lease agreement should be for 38 | SAN DIEGO COMMUNITY INSIDER SUMMER 2018 at least a one (1) month term. Additional provisions to consider in addressing short-term rentals include the following: • The member transfers his/her common area rights to their tenant • No subleases • Tenant to comply with all governing documents and subject to same discipline and fines as member • If member becomes 60 days delinquent in assessments, member must assign rental payments to the association • Tenant shall carry renter’s insurance • Member gives the association the right to institute an unlawful detainer if tenant violates the supplemental lease agreement • Tenant holds harmless the association • Member, tenant, and the association shall resolve disputes about the supplemental lease agreement with binding arbitration After addressing short-term rentals in your governing documents, the next task is how to monitor your