We have received many emails from homeowners who are concerned that the overall upkeep of properties in our neighborhood has been deteriorating as more and more homes are being rented out, rather than owner-occupied. Generally speaking, renters do not take care of a property as well as a homeowner would. While this is certainly not always case (and sometimes the complete opposite is true), most would agree that pride-of-ownership is more prevalent among homeowners than among renters. As a result, neighborhoods with a disproportionate number of renters can oftentimes show signs of poor maintenance and upkeep (e.g. weed-infested lawns, minimal landscaping, un-shoveled walks, home disrepair, peeling paint, etc). As the overall aesthetic appearance of homes and yards in a neighborhood diminish, so do property values. For this reason, many HOAs elect to restrict the number of rental properties within their community.
As mentioned in previous correspondence, we will be holding our second annual community HOA meeting on Thursday, October 1, 2009 at the Cranberry Farms Clubhouse (2451 West 2400 North) beginning at 7:00 p.m. One of the key topics that we will be discussing at the meeting is a proposal to amend our CC&Rs to include a provision by which the number of rental properties permissible within the neighborhood would be capped at 10% of all homes within the HOA. As there are 165 homes in the HOA, the passing of this amendment would mean that only 16 homes in the neighborhood could be rented out at a given time; and that all other homes would therefore need to be owner-occupied.
Because we currently have more than 16 rental units in the neighborhood (24 as of last count) the proposed amendment includes a clause by which existing rental properties would be grandfathered in. This would mean that no homes which are currently owner-occupied could be rented out until the total number of rental units falls below the 10% cap. It would also mean that upon sale of an existing rental property, the home would have to be occupied by the new owners (i.e. not rented out again). Once the number of rental properties falls below the 10% cap, homeowners wishing to rent out their home would need to first inform the HOA board. Requests for converting an owner-occupied home to a rental property would be granted on a first come first serve basis, assuming that approval of the request would not again put the number of total rental units above the 10% cap.
If passed, the amendment would also require landlords to hold tenants accountable for renter infractions and give the HOA board the ability to demand the termination of a tenant with multiple CC&R violations. You can click here to review the proposed amendment in full.
Assuming there is general interest among those in attendance at the October 1st meeting to adopt the above amendment, we will put it to a vote during the meeting. Any change to the CC&Rs requires a two-thirds vote in the affirmative among all homeowners. With 165 homes in the neighborhood, that’s 110 homeowners who must vote in favor of the amendment in order for us to proceed with adopting it. We would next need to secure approval from Lehi City, after which we could record the amendment against our CC&Rs, thus putting it into effect. (Note: the amendment also includes a clause which would remove the stipulation requiring city approval to further amend our CC&Rs.)
If you would like to see this amendment adopted, it is imperative that you attend the community HOA meeting on October 1st so that you can make your opinions heard and (if put to a vote) cast your ballot. If you will be unable to attend, please email the HOA board (pmchoa@gmail.com) so that we can provide you with a ballot. Or you can print one off here and deliver it to an HOA board member.
We have also arranged for HOA attorney Sam Bell (with the Law Offices of Kirk A. Cullimore) to be at the October 1st meeting to answer questions on the proposed amendment and any other legal matter or concerns which may come up. We hope to see you there.
As mentioned in previous correspondence, we will be holding our second annual community HOA meeting on Thursday, October 1, 2009 at the Cranberry Farms Clubhouse (2451 West 2400 North) beginning at 7:00 p.m. One of the key topics that we will be discussing at the meeting is a proposal to amend our CC&Rs to include a provision by which the number of rental properties permissible within the neighborhood would be capped at 10% of all homes within the HOA. As there are 165 homes in the HOA, the passing of this amendment would mean that only 16 homes in the neighborhood could be rented out at a given time; and that all other homes would therefore need to be owner-occupied.
Because we currently have more than 16 rental units in the neighborhood (24 as of last count) the proposed amendment includes a clause by which existing rental properties would be grandfathered in. This would mean that no homes which are currently owner-occupied could be rented out until the total number of rental units falls below the 10% cap. It would also mean that upon sale of an existing rental property, the home would have to be occupied by the new owners (i.e. not rented out again). Once the number of rental properties falls below the 10% cap, homeowners wishing to rent out their home would need to first inform the HOA board. Requests for converting an owner-occupied home to a rental property would be granted on a first come first serve basis, assuming that approval of the request would not again put the number of total rental units above the 10% cap.
If passed, the amendment would also require landlords to hold tenants accountable for renter infractions and give the HOA board the ability to demand the termination of a tenant with multiple CC&R violations. You can click here to review the proposed amendment in full.
Assuming there is general interest among those in attendance at the October 1st meeting to adopt the above amendment, we will put it to a vote during the meeting. Any change to the CC&Rs requires a two-thirds vote in the affirmative among all homeowners. With 165 homes in the neighborhood, that’s 110 homeowners who must vote in favor of the amendment in order for us to proceed with adopting it. We would next need to secure approval from Lehi City, after which we could record the amendment against our CC&Rs, thus putting it into effect. (Note: the amendment also includes a clause which would remove the stipulation requiring city approval to further amend our CC&Rs.)
If you would like to see this amendment adopted, it is imperative that you attend the community HOA meeting on October 1st so that you can make your opinions heard and (if put to a vote) cast your ballot. If you will be unable to attend, please email the HOA board (pmchoa@gmail.com) so that we can provide you with a ballot. Or you can print one off here and deliver it to an HOA board member.
We have also arranged for HOA attorney Sam Bell (with the Law Offices of Kirk A. Cullimore) to be at the October 1st meeting to answer questions on the proposed amendment and any other legal matter or concerns which may come up. We hope to see you there.
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