CC&Rs Current Text
Page 4
Section 1.18. “Single-family Residential Use” means the occupation or use of a
Structure as a residence (but excluding any commercial uses except as provided
herein and excluding multiple dwelling units such as apartments, duplexes,
“fourplexes” and multiple condominiums) by any individual person, a family or
a family-sized unit in conformity with these CC&Rs and any requirements
imposed by applicable zoning laws or any other state, county or municipal laws,
regulations, codes, rules or ordinances.
Section 1.21. ‘Visible From Neighboring Property” means that with respect to
any given object or improvement, such object or improvement would be visible
when viewed from a height of six feet or less above ground level from any point
on a neighboring property. A neighboring property includes any Lot having a
common lot line. or that would have a common lot line except for the
intervention of a street. road, right-of-way or easement.
Page 6
Section 3.1. Single-family Residential Use. All Property shall be used, improved,
maintained and devoted exclusively to Single-family Residential Use. No
business or commercial activity frequented by and open to the general public,
and in any event, no business or commercial activity which takes place
outdoors, shall be conducted within the Subdivision. Home occupations of the
Property Owner (and other household members conforming to the definition set
forth in Section 1.18) are permissible if conducted within the home, a garage or
studio, and comply with any rules and regulations governing home occupations
adopted by the Association. Nothing in this Article shall be deemed to prevent a
Property Owner from leasing all of an individual Lot, with all of the
Improvements on the Lot, to an individual person or family. Any such lease
shall bind the lessee to comply with all of the provisions of these CC&Rs
applicable to use and maintenance of the Property. The lease of a Lot and its
improvements to another party shall in no way release the Property Owner from
the absolute responsibility to comply with all of the provisions of these CC&Rs.
Page 7
Section 3.2. Prohibition of Rental or Lease of a Portion of a Lot. No portion of a
Lot, other than the entire Lot together with all of the Improvements located on
the Lot, may be rented, leased or subleased to any person(s) or entity.
Page 15
Section 5.8. Business Activities. No business or commercial activity
frequented by and open to the general public, and in any event no outdoor
business or commercial activity, shall be conducted within the subdivision.
Home occupations of the Property Owner or of a lessee are permissible if
conducted in the home or studio and in compliance with any rules and
regulations governing home occupations adopted by the Homeowners
Association.
Possible CC&Rs Changes to Prohibit Short Term Rentals
Page 6
Section 3.1.
Single-family Residential Use. All Property shall be used, improved,
maintained and devoted exclusively to Single-family Residential Use. No
business or commercial activity frequented by and open to the general public,
and in any event, no business or commercial activity which takes place
outdoors, shall be conducted within the Subdivision. Home occupations of the
Property Owner (and other household members conforming to the definition set
forth in Section 1.18) are permissible if conducted within the home, a garage or
studio, and comply with any rules and regulations governing home occupations
adopted by the Association.
Page 7
Section 3.2. Rental or Lease. Nothing in these CC&Rs shall be deemed to prevent a Property Owner from renting, leasing, or subleasing their Lot, together with all of the Improvements on the Lot, provided that:
(a) Any such lease shall bind the lessee to comply with all of the provisions of these CC&Rs applicable to use and maintenance of the Property. The lease of a Lot and its improvements to another party shall in no way release the Property Owner from the absolute responsibility to comply with all of the provisions of these CC&Rs.
(b) No portion of a Lot, other than the entire Lot, together with all of the Improvements on the Lot, may be rented, leased or subleased.
(c) The duration to rent, lease or sublease a Lot, together with all of the Improvements on the Lot, must be for at least three months. That is, short term rentals (less than three months) are prohibited.
Possible CC&Rs Changes to Allow Short Term Rentals
Page 6 – Change to:
Section 3.1. Single-family Residential Use. All Property shall be used, improved,
maintained and devoted exclusively to Single-family Residential Use.
Page 7 – Replace with:
Section 3.2. Rental or Lease. Nothing in these CC&Rs shall be deemed to prevent a Property Owner from renting, leasing, or subleasing their Lot, together with all of the Improvements on the Lot, provided that:
(a) Any such lease shall bind the lessee to comply with all of the provisions of these CC&Rs applicable to use and maintenance of the Property. The lease of a Lot and its improvements to another party shall in no way release the Property Owner from the absolute responsibility to comply with all of the provisions of these CC&Rs.
(b) Any rental, lease or sublease of a Lot, together with all of the Improvements on the Lot, for a term less than three months, is subject to any and all of the requirements and restrictions on “Short Term Rentals” contained in ACC Supplemental Rules approved in accordance with Section 6.6 of Article VI.
Page 15 – Replace with:
Section 5.8 Non-residential Activities. Activities that are secondary and subordinate to Single-family Residential Use, whether for business, profit, or non-profit, are allowed, provided that:
(a) Traffic, vehicular or pedestrian, must be no more than traffic customary for a single family residence.
(b) No equipment and/or supplies associated with the activity are to be Visible From Neighboring Property.
(c) Noise or other forms of trespass associated with the activity that exceeds that normally associated with a residence is prohibited.
(d) Drive-up or walk-up customers are prohibited.
(e) Outdoor non-residential activities that are Visible From Neighboring Property are prohibited.
(f) Signs indicating the non-residential activity are prohibited.
(g) Further requirement and restrictions on “Non-residential Activities” may be stated in ACC Supplemental Rules approved in accordance with Section 6.6 of Article VI. (h) Restrictions on traffic, drive-up and walk-up customers, and signs, listed above, may be lifted for occasional events lasting for not more than three consecutive days in a month. For example, this covers events such as a studio tour, Realtor open house, garage sale, estate sale, etc. [Maybe specify in ACC Rules?]