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Homeowners focus on rental issues

By Ellen Sussman, Special to the Green Valley News
Published: Saturday, November 22, 2008 9:45 PM MST


Homeowners want their HOAs (homeowners’ associations) to enforce rules and regulations governing rentals and homeowners want to be able to rent or lease their property, attendees at a Wednesday workshop said.

Stan Riddle, president of the Green Valley Community Coordinating Council (GVCCC), which sponsored the event, said that even in the current housing decline, small investors are still finding condominiums and homes in HOAs attractive, especially in areas with high occupancy.

The prospect of renters can cause potential problems for neighbors and for an HOA on issues concerning noise, recreational vehicles and visual eyesores.

Reading from “Strategies & Solutions for a Tenant in an HOA,” Riddle pointed out that it’s necessary to provide enforceable language in an association’s CC&Rs (covenants, conditions and restrictions) and/or its bylaws.

It was suggested that an HOA should create a standard-form lease covering the basics: barking dogs, a clean yard, minimum length of rental, maximum occupancy, etc.

Suggested language should say:


  • The owner is responsible for actions of its tenant.

  • The tenant is subject to the same rules and regulations as the owner.

  • A minimum rental period should be stated to avoid transient occupancy.

  • A written lease or rental agreement between owner and tenant should be required.

  • The lease should contain language that the tenant has received a copy of the HOA’s CC&Rs and Bylaws and agrees to abide by them.

  • The lease should state occupancy limits.

  • A copy of the lease agreement should be filed with the association and contact information should be provided in the event the association needs to reach the homeowner.

    A new regulation enacted by Green Valley Recreation this year states that an owner must relinquish his/her GVR card if he/she wishes the tenant to have use of the facilities.

    However, if an owner has two units and occupies one of them and rents the other then the owner need not turn in his/her GVR card.

    One man in the audience asked Riddle if GVCCC would create a model lease document instead of each HOA having to create their own. Riddle said he would consider that.

    Riddle suggested ways to include tenants in a positive manner, thereby lessening the opportunity for problems, adding, “They may come back — and buy.”

    The association and immediate neighbors should make personal contact with the renters and encourage them to participate in HOA social functions.

    “Good will is important; it helps the association,” Riddle said.

    The Southern Arizona Chapter of Community Associations Institute is holding a Leadership and Educational Conference and Tradeshow at the Tucson Convention Center on Friday, Jan. 9, 2009. Detailed conference information is available at 520-979-0195.

    Ellen Sussman is a freelance writer in Green Valley. Contact her at ellen2414@cox.net.



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