The Landlord, The Renter and the HOA

90 days is the shortest lease Pacific Tower allows. Airbnb and all the others of its ilk are on our naughty list. Why? Because vacationers don’t know they’re not supposed to swim after 9 PM or hang their dripping wetsuits over the railing or smoke outside or party like it’s 1999!  We’re not a hotel. For most of us, this is our #1 and only Home Sweet Home. Bevis and Butthead think if they’re shelling out the big Benjamins to be here, they can do whatever do what they want. Wrong!

We have renters who have been Pacific Towerites since the Reagan era and newbies who just moved in. The number fluctuates, but out of 118 units we have around 40 renters. What rights do renters have? For instance, what if renter wants the HOA Board to take action because his upstairs neighbor is clog dancing on the concrete? The renter would have to ask his landlord to file a Violation Report with the HOA in his behalf. Renters are not invited to monthly Homeowners Meeting because they are not homeowners. Them’s the rules.

Let Us Know, Let Us Know…We hate being last to know that someone new moved in. How embarrassing, asking a stranger where they’re going and finding out they’ve been living here for two months. New tenants should check in asap by texting the Building Manager at 619.339.3490. Karyl will be happy to show renters which keys are which and give them a personal 4-digit intercom passcode. New renters should know they cannot move in on a weekend or during the evening. Reason why: there’s no PT Staff to unlock the wide lobby double doors, no one here to magically transform an elevator into a padded FREIGHT elevator and to lock it down. Lastly, the landlord is required to give us a copy of the lease.

If you’re a San Diego landlord and can maintain your unit yourself, good for you. If you’re an absentee landlord and your income property is a state away, you might need a property manager. The Building Manager can’t be expected to be your  property manager. Nuff said.

An absolutely free copy of our wonderful Rules & Regulations is just waiting for you to peruse. Please gaze upon its sumptuous list of Things You Can’t Do! It can be found on our website PacificTowerHOA.org. Happy reading!

Rules for Renters 'n Owners

RULES FOR RENTERS

Owners must supply their renters with a copy of our Pacific Tower Rules and Regulations.  If your renters know the rules then they know the pool is closed at 9 PM, not to throw towels over their balcony railings, etc. etc and YOU, the owner will not be fined when your renters obey the rules.  A copy of the rules can be obtained in our Maintenance office or from Menas Realty (hard copy of download) for a small fee.

RULES FOR OWNERS

Speaking of renters, Pacific Tower does NOT allow short-term vacation rentals such as Airbnb, VRBO and other internet establishments.  The shortest rental we allow is 90 days and a copy of that lease must be turned in to our or Menas Realty office.  Your Board monitors the web for anyone advertising a short-term rental in our building and does not take this kind of violation lightly.

Pacific Tower, a HOTEL?!

Lots of news articles have been popping up lately about people renting out their condos thru internet websites like Airbnb. The Pacific Tower Homeowner’s Association wants to remind OWNERS that renting out your place for less than 90 days is NOT allowed. In other words, you can only rent out your place four times a year at most,  AND you MUST submit a copy of your lease to the onsite Manager’s Office for logging by the HOA Rental Committee. Owners should note that these rules also apply to your Renters who attempt to sublet a portion of their place.

                                The Reasons Behind our Rules:

We don’t want our building used as a hotel because weekend guests don’t know or even care about our rules. We don’t want strangers who are vacationing and eager to party, smoking, bringing food or glass bottles to the pool, going for a midnight swim, tossing their wet suits over the railings, stuffing banana peels or Drano down our delicate garbage disposals, giving out our entry access codes to their new-found pals and doing all the careless things strangers can do when they’re occupying somebody else’s property.

               

                          If You Rent Out your Condo:

1.    Advertising must state 90 Days as the minimum number of rental days.

2.    Rental agents must be notified of Pacific Towers 90 day rule.

3.    Renters must notify our onsite Manager when moving out.

4.    Owners must give renters a copy of the Rules and Regulations (available for $5 from onsite Manager or Menas Realty).

      What Happens if I Ignore the Rules and rent My place on weekends or other short terms?

                     The Board will find out and has the discretion to fine you for every day you are not in compliance with our rules (thus removing the profit from your rental scheme).

The above is an abbreviated, reader-friendly version of the Rules. Below are the the actual rules.                             

                                                 The Rules

Short term occupancy of units in Pacific Tower is prohibited and the Owner may be held liable for fines arising from violations of any one or all of the following sections of the CC&Rs.

Section 3.3; Section 3.4A; Section 5.10; Section 6.1B; Section 6.1C; Section 8.2 A-B-C-D and F; and Section 9.1. The applicable Rules that may result in penalties for violation by such activities are Rules Section A.2; Section B.1 (a-b-c-and d); Section B.3 and Section H.10.  

The Board has the primary responsibility to protect the Common Areas and the interests of all the members / Owners / residents in Pacific Tower.

Community association living requires the full cooperation of all residents to be a good neighbor. Getting to know and complying with the Governing Documents is a good start. With a little consideration and understanding, all residents within Pacific Tower may enjoy the quality of life provided by living here.

The success of our community is founded on the basic principles of common decency, respect and consideration for the basic rights of all neighbors.  The Board urges all Owners to consider the Governing Documents as a ready reminder of the various obligations residents have to one another in day-to-day living at Pacific Tower.

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Renters!

      As of today, Pacific Tower has 41 rental units out of 118 condos. If you’re an owner who rents out your condo, it’s important to know the rules.

Included in this issue is a shortened recent article from the San Diego Union Tribune about the owner of a downtown condo who rented out his luxury condo on a weekend basis – which was strictly against his HOA rules requiring a minimum 90 day lease. His condo association has the same attorney as Pacific Tower and they won the case against the owner. He was forced to pay over $100,000 for his violation.

Q. What is the minimum amount of time I can rent out my condo?

A. 3 months. A copy of the lease MUST be turned in to the office.

Condo owners MUST give their renters a copy of the Rules and Regulations. Ignorance of the rules is no excuse. Owners will be fined if their tenants break the rules.