Comprehensive Declaration of Covenants, Conditions and Restrictions (CC&Rs)
The current CC&Rs have several sections relevant to short term rentals:
Page 1
RECITALS
2. The purpose of these CC&Rs is to carry out and
maintain a uniform plan for
the improvement, maintenance and use of the Property; to preserve the natural
beauty of the Property; to guard against the erection of poorly designed or
proportioned Improvements; or the use of unsuitable materials; to encourage
and secure the erection and maintenance of well designed, attractive
Improvements that are harmonious with their sites and consistent with existing
Improvements; and in general, to protect and enhance the environmental
quality and economic value of the Property; while protecting the rights of each
Association Member to the enjoyment and beneficial use of his or her
individually owned property.
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. …
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.
ACC Supplemental Rules
On June 19, 2018, the La Mesa HOA Board of Directors, upon the recommendation of the ACC, approved the following changes to the ACC Supplemental Rules:
4.8.8 Clarification of “home occupations” in section 5.8 of CC&Rs (New)
“home occupations” shall mean a non-residential use of a home clearly incidental to the use of the home as a single family residence, which use is conducted by an Owner or other occupant of the home who is a permanent resident of the home and who has an occupation or business customarily recognized by zoning ordinances as an acceptable home occupation, which for example would include but may not be limited to professionals such as architects, engineers, lawyers, artists, authors or writers and the like, but in no event will a business that is frequented by and open to the general public be considered a home occupation. This means no business that involves the public staying overnight is permitted, such as a Bed and Breakfast and Vacation Rentals. Property rentals or subleases shorter than three months are not allowed; longer leases are permitted, provided the entire property is leased. Artists or others with home occupations who open their studios or homes to the general public once or twice a year, or otherwise for infrequent special events, are permitted to do so under the CC&Rs and their doing so shall not transform their home occupation into a business categorized as frequented by and open to the general public.