POLICIES (listed in order of date)
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POLICY LETTER: Restricting short-term VBRO/Airbnb type rentals
Effective September 2021
It has come to our attention that a handful owners and investors wish to turn their Units into VBRO/Airbnb type rentals, which we believe will impinge on the harmony of the community and are also in violation of the HOA covenants
For the past 10 years, the Board and our Property Managers has unanimously stated to potential new owners that short-term vacation style rental are not suitable for our community. When when potential buyer or mortgage companies ask, "Does you community allow Airbnb style rentals?" that answer has always be a firm "No." For clarity, the Board has elected to enact a formal policy with penalties for violators. The new policy is under legal review:
• No owner, tenant or occupant shall rent their unit as a short-term rental for fewer than 30 days.
• Heavy penalties of $50 to $100 will be levied on owners with guests who violate Casa Del Sol's parking, pool, health club, pet or quiet hour rules. No warnings will be given.
Why the new policy?
Short-term vacation rentals have been shown to adversely affect the quality of life for on-site owners and residents in condominiums and communities across the country. Just look at what has happened to Sedona, AZ. We had one short-term rental on the premise that resulted in numerous parking and noise violations.
Moreover, physical damages caused to common areas incurred by vacationing visitors are often unreported, so the HOA (i.e., “you, the owner” end up paying for these repairs and damages from your HOA fees and reserve account, not the guests who caused them). Moreover, littering, vandalism, parking violations, noise violations, pool, hot tub and health club violations, pet violations and general unruly behavior by some visitors towards owners and longer term tenants can adversely impacts the wellbeing of the current resident population.
Therefore, the Board, which is empowered by the Articles of Incorporation of Casa Del Sol Condominium Association, can enact new policies to prevent these type of vacation rentals, has decided to nip this activity in the bud.
Article IV clearly states the Board can provide for and “promote the health, safety and welfare of the Owners of the Property…” The legal mandate that created and governs the HOA Board of Directors are clear: The Board has been given “broad powers” to preserve the integrity of structures, quality of life and health and safety of our community. Acting in best interest of the community and our mission, we the Casa Del Sol Board have enacted formal policy to ban short-term, Airbnb-type rentals on the premises.
Furthermore, in the “Rules and Regulations Casa Del Sol Condominium document,” in the “General Use Restrictions”, rule #5 on page 3, it states “no industry, business, trade, occupation or profession of any kind, commercial, religious educational or otherwise may be conducted, maintained, or permitted with the Condominium,”
Also, the document “Declaration of Conditions, Covenants Conditions, Restricting Easements of Casa Del Sol Condominiums, in section 3.8 Use of Units, it states “Each Unit shall be used primarily for residential purposes only. No business activity that is permitted which detracts from the residential character of the Condominium by creating an atypical flow of persons or traffic in and out of the neighborhood…”
Most courts have ruled that short-term vacation rentals are commercial in nature and therefore can be regulated and restricted by HOAs. Also, condominiums are classified as “residential” whereas vacation rentals are classified as specifically as “recreational.” Since short-term vacation rentals are deemed purely as a commercial, recreational enterprise.
Therefore, they are not to be permitted at Casa Del Sol.
Finally, the frequently visiting vacationers will definitely “detract from the residential character of the Condominium by creating an atypical flow of persons or traffic in and out of the neighborhood”, which is also in our bylaws.
For more information contact our Manager at 602-686-3181
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Effective date: July/2/2020
Policy for oil spots and corrosive agent spills on driveways and common areas caused by a resident or guest vehicle.
Oil spots and other corrosive agents spilled on our pavement can damage the driveway surface and create unsightly spots.
If any resident or visitor’s vehicle deposits oil or corrosive agent our pavement, it is the responsibility of that resident or unit owner to clean all spills to the satisfaction of the Association. We will send or deliver a spill notice to the resident—and if a tenant—we will also send a spill notice to the owner of the unit.
Any owner or resident receiving a spill notice has 10 days from the date of receipt to clean the spill. Furthermore, the owner or resident needs to either fix or remove the vehicle and/or remedy the source of the spill to prevent future spills from occurring on the premises.
If cleaned to the satisfaction of the Association or its representatives at the end of 10 days, there will be no further assessments or notices with this occurrence. However, if the oil spot or corrosive agent is not cleaned to the satisfaction of the Association, a second notice will be issued and a fine of $100 will be assessed to the owner of the unit. For each 10-day period that the violation remains resolved, another fine will be assessed to the owner.
If this matter is not resolved or adequately addressed by the end of 30 days after the issuance of the first notice, The Casa Del Sol Condominium Association will have the corrosive agent or oil spilled cleaned at the owner’s expense. Moreover, if the asphalt is damaged, the Association will have an asphalt company cut out the damaged area and repair it at the owner’s expense. The Association will assess the entire cost of the ensuing cleaning and/or repair to the unit’s owner as a special assessment with a lien on their property until the cost and associated fees are paid in full. This assessment will also bear a recurring late fee of 16% per annum after15 days until the entire assessment is paid in full.
This 30-day notice will occur in each case where an oil or corrosive spill is found on our common road surfaces or in front of garages. Multiple notices for cleaning and repairs may be assessed at the Association’s discretion.
Contact our Manager at 602-686-3181
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Policy On BBQ Grills and Open Flame Appliances Effective November 1, 2013
In order to ensure the safety of all occupants as well as to minimize potential liabilities claims and meet the requirements of the municipal fire code, ALL flame producing appliances (including ALL BBQ grills) are PROHIBITED from use or storage on condominium patios. However, LPG (small propane cylinders) fueled BBQ grills may be stored in garages and they may be utilized in a safe location, free from nearby combustibles, at least 10 feet from building structures. Charcoal grills are prohibited from use or storage entirely on this property.
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If copies of the books and records are requested, the Association will copy the requested item(s) at a nominal charge of 15 CENTS (.15/page) per single-sided letter-sized page. These copies will be mailed by U.S. Mail unless other arrangements are requested in writing at the time of the copy request.
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By supplying the Association an email address to be used to receive notices of upcoming meetings, meeting minutes and other notices or documents by email, the Association shall comply with that request in lieu of normal mailings through U.S. mail. This approval of email delivery may be revoked at any time.
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POLICY LETTER Effective: November 1, 2009
This is to let all Owners of Casa Del Condominiums as to the policy on what expenses/repairs are shared by the Association and Owners. This policy is hereby made by the Board of Directors and shall be effective as of January 1, 2010. In the event that a common element (water lines, roof leaks, sewer piping, etc.) failure causes damage to the interior space of an Owner’s Unit, as defined in the Declaration of Covenants, Conditions, Restrictions, and Easements for Casa Del Sol Condominiums (“Declaration”), the Association shall be responsible for the repair or replacement of the failed item or items that exist in the common area, except where the Owner/Occupant of a Unit caused the failure or damage to occur in which case all costs of repairs will be passed on that unit’s Owner.
Upon a failure of any common element that causes any repairs, replacement, or maintenance of any item or items that is considered to be part of, or servicing only that Owner’s Unit, those non-common items shall be repaired at the expense of that Unit Owner. If the Association causes the repairs to be made for an Owner under a written agreement with the Association (or insurance claim, which will have another different policy), the Owner agrees to pay the Association in full within TEN (10) calendar days of receipt of the invoice for such work done on behalf of an Owner. If not paid, the Association can add the invoice amount to the dues owed each month and it will all be considered “dues” and shall be collectible as such, also incurring a late fee equal to the greater of fifteen dollars ($15) per delinquent assessment or ten percent (10%) of the amount of unpaid assessment. If any action of law is brought by the Association to recover said dues, refer to section 7.8 of the Declaration for conditions.
If an Owner’s Unit requires maintenance or repair due to an emergency situation occurring within that unit, a representative of the Association shall endeavor to reach the Owner at least three times in an 3-hour period at the last known phone number or contact number held in the records of the Association. If the Owner does not respond within that 3 hour “window”, the Owner authorizes the Association to employ a locksmith to open the Owner’s Unit and the Association is authorized to make all necessary and reasonable repairs to diminish or eliminate damage to the Owner’s Unit or any Common Area. Upon entering upon the Owner’s Unit and making necessary repairs, the Owner specifically indemnifies and holds the Association and it’s representatives harmless from any and all claims associated with this action. The Owner specifically agrees to pay for any and all reasonable charges incurred by the Association in taking this action, including but not limited to, the locksmith bill, any labor or parts incurred by workmen in making repairs, re-painting, re-flooring, replacement of drywall, cabinets, lighting, plumbing, electrical devices, removing carpet and padding, deploy water-drying equipment, etc.
All Unit Owner’s are encouraged to obtain insurance for such costs occurring within their condominium.
For more information, contact our Manager at 602-686-3181
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POLICY ON HANGING ITEMS ON EXTERIOR WALLS, DOOR JAMS OR EXTERIOR BEAMS. The Board reminds All Owners and their tenants, residents or occupants that mounting any item on an outside wall, around exterior doorways or an exterior wood beam, even those walls, doorways and beams on decks and patios, is not allowed without prior written consent of the Board. Outside walls, exterior doorways and structural beams have been determined to be either common area or limited common area depending on the location. These walls, doorways and beams are the responsibility of the Board. The Board may have the right to deny certain wall attachments, or may place stipulations on what goes on an outside wall, doorway or an exterior beam or it's manner of attachment. In the Casa Del Sol COA Rules, it states: EXTERIOR APPEARANCE. Enclosures, shades, screens, or other items affecting the exterior appearance of any patio or balcony shall NOT be permitted without the express written consent of the Board. Further, in the Bylaws of Casa Del Sol Condominium Association, in section 7.2: It shall be the duty of the Board of Directors: (h) cause the Common Elements to be maintained. In The C,C&R's, there are sections 4.1 and 5.6 that speak to the effect that outside walls, even on balconies and patios, are the responsibility of the Board as a Common Element. Section 4.3 speaks to the responsibility of an Owner to repair any damage caused by an Owner to any Common Elements. The bottom line, nothing can be attached, drilled into, glued, nailed, or hung in any way that affects the exterior appearance of a Condo and would require express written consent of the Board prior to any mounting or attachment of ANY item. This includes the use of any structure, exterior wall, exterior beams, doors or casing around doors, walkways, fascia and exterior surfaces. How do you gain approval? Submit a written request by mail to the Association's P.O. Box 430 in Cottonwood, or send an email at the Board's email address:
office@casadelsolcondos.com
Be specific as to what you wish to attach, where is will be located, how it will be attached, and if it designed to be a permanent or temporary mounting. The Board will, within 14 days, write you back with denials or approvals, and stipulations as to how, what and when go with any approval.
For more information, contact our Manager at 602-686-3181
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These policies and rules may be amended from time to time.
Other policies are enacted and part of the ownership of these condominiums.
Every member of the Association is entitled to inspections of all books, records, insurance policies and other documents of the Association. These records can be inspected after receiving reasonable written notice by the President of the Board of Directors or it’s Agents. Reasonable notice in writing is deemed to be no less than TWO (2) days and no more than SEVEN (7) days with an agreed upon appointment date and time.