Most of you know by know SCHOA is reviewing their CC&R's and i am on the committee helping do that. During the course of the past 6 months, we have heard and read hundreds of comments regarding how effective they are; or aren't. One of the issues that reared it's ugly head has been the advent of AirBnB and VRBO abuses within Sun City. Seems there are owners out there who think the age restrictions do not apply to short term rentals. There is supposed to be someone 55 living in the home if there are people under 55 there. The plight/fight caught the attention of a reporter from the AZ Republic. Jen Fifield contacted a couple of us locally to get our take on why this is an issue. You can read her article here on this link.
VRBOs and AirBnBs meet the definition of Term Tenancy, also known as Tenancy for Years. Term Tenancy could be for hours, days, weeks months or years. Allowing any Term Tenancy by a non age qualified individual for any period would violate the CC&Rs age requirements. Simply said a tenant for a day or two is the same as a tenant for a year or two. Senior communities have lost their status as " housing for older persons" granted by the 1968 Fair Housing Act , by not enforcing age requirements specified in the governing documents (CC&Rs.) What should be included in the re-write of the CC&Rs is an owner/occupant renting out a room in the home as an AirBnB. It is still Term Tenancy, regardless of the space involved. The question is , should VRBOs and AirBnBs be allowed if the tenant meets age requirements.
Exceptional comment fix. Yesterday at the open meeting to discuss the possible rewrite of the CC&R's we heard numerous complaints by those in attendance regarding VRBO type rentals. It's easy to characterize them all as evil...they are not. What is evil are those who buy into the Sun City way of life and then abuse the so simple rule we have here. They have no respect for their neighbors or the community as a whole. A couple spoke up in favor of VRBO because they run one from their home. They follow the age restrictions and rent to seniors who may one day buy here. I've never heard the phrase "term tenancy" before, but it fits my position with SCHOA, if owners are renting to underage renters, hammer them. Document the rental if only for a day or two and as they repeatably do it, begin the process of making them pay for their lack of regard. As i said in the article, rentals have played an integral role in our history and when used correctly, enhance Sun City's place in the age restricted market, not detract from it.
Leasehold interest for any fixed term is Term Tenancy, also called Fixed Term Tenancy and Estate for Years. VRBOs and AirBnBs agreements have an arrival and departure date. That creates the term. The agreement between the owner and tenant is done on line. Many condo associations have ammended their rules to prohibit short term rental periods. Requires a resolution by the board. The SCHOA should be diligently and vigorously enforcing this and amending docs if necessary.
