Arguments to Prohibit Short Term Rentals
CC&Rs Section 3.1 states that all La Mesa property is limited to “Single-family Residential Use”. Anything else is clearly a violation of this fundamental clause.
Sections 3.1 and 5.8 allow home occupation activities, as long as they are not “open to the general public”. Even if there is not a sign on the property indicating a short term rental (e.g. “Bed and Breakfast – Vacancy”), the fact that short term rentals are offered on a website such as Airbnb.com, HomeAway.com, or Craigslist.org constitute “open to the general public”.
People who bought property in La Mesa did so with the understanding that this is a residential neighborhood, and short term rentals are incompatible with that. Property values are diminished if there is any short term rental activity.
Short term rentals bring in extra traffic, parking problems, strangers, disruptive parties, trash, etc.
What would the neighborhood be like if some large percentage of houses were to become short term rentals?
No short term rentals will enhance La Mesa’s reputation as a high quality exclusive neighborhood. It will also keep La Mesa at competitive parity with neighboring HOAs (Anasazi / Petroglyph and Sundance Mesa), which prohibit short term rentals.
Arguments to Allow Short Term Rentals
The CC&Rs were written before the internet was in common use, and before the pervasive adoption of web-based businesses such as Amazon and Airbnb.
If the clause in Sections 3.1 and 5.8, “open to the general public” applies to any business that depends on a public website, then all kinds of other home occupations would also be prohibited. Every photographer, artist, graphic designer, consultant, web-based retailer, etc. operating out of their La Mesa Home would be in violation if they have a public website.
A successful short term rental enhances neighborhood appearance and property values. Among other criteria, clients select a property based on seeing attractive photographs on the booking website. When the client arrives, the actual property appearance must meet or exceed expectations set by the photographs. If the property looks at all run down, the client will likely either not stay there or write an unfavorable review. Thus, the owner of a short term rental has an immediate and direct financial incentive to keep the property looking its best. As we have seen, property owned by an absentee landlord, a bank holding a foreclosure, or someone’s second house may not be getting comparable maintenance.
A large percentage of short term rentals would be better for the neighborhood than if those same houses were to be vacant – either for sale, for long term lease, second house, etc.
Short term rentals can contribute to the reputation of La Mesa as a desirable neighborhood. People who have a positive experience with a short term rental in La Mesa may either choose to buy property here, or pass on their views to other potential property buyers. If word gets around that the La Mesa HOA treats property owners with unreasonable restrictions and what may be perceived as unfair treatment, that is likely to discourage potential buyers, lowering property values.
One (and maybe more) short term rental operations have been in La Mesa for over four years. In that time, the HOA has not received any complaints, and most people do not seem to be aware of it.
Restrictions on short rentals are difficult or impossible to enforce. The only differences between a short term rental and a visit by house guests are that a rental involves money and likely (but not necessarily) has a listing on a booking website. Neither of those are a concern of the HOA.