It was good to have our usual September board meeting after July and August were dark. Thanks to all homeowners who attended. A reminder – our open meetings are normally held via Zoom at 5 pm on the third Tuesday of the month. Details about how to log in are posted on the website (ipcca-hoa.com) about a week ahead of the meeting date.
Here are some comments on issues that seem to be of concern to the community:
Short Term Rentals
This continues to be a major issue. We are actively considering ways to address these problems, especially those associated with weekend party houses. We have talked to people involved in other HOAs, and they report that STR complaints have almost disappeared when rentals under 14 days are prohibited.
- Our CC&Rs currently have no express restrictions on minimum rental periods or rental home percentages, but the original CC&Rs do prohibit commercial use of homes and state that homes can only be used as single-family residences. Repeated short-term rentals for periods under 30 days – and particularly for periods of a few days – can arguably be deemed a commercial vs. a residential use, and so not in compliance with the single-family residence requirement, and thus in violation of the existing CC&Rs. They are operating as a hotel vs. a residence. We can propose rule changes that clarify this without having to modify the CC&Rs. The drawback to this method is that it does not have the same weight as a change to the CC&Rs, in the event a homeowner challenges the new rules, and the Courts have yet to confirm that short term rentals are a commercial use.
- We can also change the CC&Rs to specifically cover minimum rental periods and percentages. This is a more lengthy and expensive process as it involves getting a majority vote of the community and changing official records in the County. If the members are serious about protecting the community from short term rentals, however, it is the best way to proceed, as it provides the strongest protection against such use of homes within the community, with there being no doubt that the Courts will enforce such a restriction in the CC&Rs.
There is an open legal question (not by our HOA, another local to Cathedral City) of whether changes to the governing documents (includes both CC&Rs and Rules) can be enforced for homes purchased before the change was made or whether those homeowners are “grandfathered” in and only must follow the governing documents that existed when they purchased the home. This question may be heard by the California Supreme Court sometime in the next year or so. Regardless of the outcome of the currently pending litigation, preventing new owners from being able to purchase with the intent to engage in STRs will reduce the impact of STRs on the community, even if the restrictions cannot be enforced against existing owners.
Additionally, to get a jump on resolving this issue, we can issue new rules very quickly to clarify the existing CC&R requirements for only non-commercial and single-family residence use being permitted and begin the process to modify the CC&Rs – if homes purchased before the changes were made are exempt from following the new restrictions, so be it. We cannot control what the state Supreme Court will decide. However, we will at least have clarified the rules governed by current CC&R requirements and begin to have newly purchased homes covered by the modified restrictions.
Be looking for more STR information in the mail and on the website. If you require more information, you can contact Shelly Ruegsegger, Senior Community Manager for IPCCA at [email protected]. We will send out any proposed rule changes for the required 28-day comment period before the board votes on new language.
NOTE: Please email problems with STR noise and other issues to Nick Evans, Assistant Community Manger of IPCCA at [email protected] . He gets a lot accomplished by discussing these problems with homeowners, and can help more with specific information – videos, exact dates, times, addresses, and so on. We already have rules on excessive noise or other behavior that prevents neighbors from quietly enjoying their property. We are also levying severe fines for continuing violations in this regard. Check the website for applicable STR information from the City of Indio and guidance from them on how they can assist also.
Lake Rebuilds – Royal Vista and Reflections
We are beginning to review specific proposals for these rebuilds and have posted the initial design drawings on the website for the lakes and the landscape. Please look them over and email your comments to Shelly. I also refer you to my comments from 3/2021 that are posted on the website for some background on lake rebuild issues. We welcome your comments and thoughts on this as we consider various alternatives. The lake rebuilding will start mid-October with new landscape and lighting as the follow up. If you have comments and questions, you can attend our next board meeting on October 19, 2021, at 5:00 pm via Zoom.
Overnight Street Parking
We usually give warning citations for overnight street parking violations before the vehicle is towed – our goal is not to punish, but to get people to not use the street as a permanent parking lot. Sometimes, for instance, people are just mixed up and think that the main gate entrance pass issued by IPCA allows street parking – it does not, it only permits you to enter the main gate.
The specific enforcement post orders for our security company are not made public for obvious reasons. We can and do change these post orders as situations warrant. One thing we have found is that party house weekenders often ignore the prohibition on overnight street parking because they believe they can avoid towing if they leave after a couple of nights. We are considering changing the post orders to eliminate or greatly reduce this warning period when there are continuing violations at certain locations. Additional specific warnings about such a change in our post orders are not planned. The prohibition on overnight street parking is clearly posted on signage throughout the community and it is specified at length in our rules. Landlords are required to provide rule information to their tenants.
Trash Can and Debris Problems
We continue to have problems with people leaving trash cans or other debris where it is visible from the street, either at curbside or piled up by the house. Please don’t put your trash out more than a day before pickup and bring your trash cans in promptly after they are picked up; don’t leave large pick-up items out on the street for days – you need an appointment for Burrtec to take these large items – put them out no more than a day before scheduled pick up; if Burrtec demands longer, let PPM know of your plans. Don’t store trash by your house that can be seen from the street – put it in your garage, fenced back yard, or arrange for appropriate screening. If you plan on a side yard screening structure to prevent trash cans and garbage being seen from the street, remember that all exterior modifications need to be approved by the Architectural & Landscape Committee beforehand. A&L Applications are available on the website.
Thanks for your cooperation,
Maggie Stern – President, IPCCA Board
For the Board of Directors – 10.6.21