Notice of CC&Rs Amendment Reducing the Minimum Rental Term from 90 Days to 30 Days

April 25, 2022

TO ALL OWNERS OF BAY SCENE OWNERS ASSOCIATION, INC.:

Kroger Law Firm
8220 University Avenue, Suite 100 La Mesa, California 91942
Phone:619-589-8800 Facsimile:619-589-2680
Email:jkriger@krigerlawfirm.com
www.krigerlawfirm.com

RE: Notice of CC&Rs Amendment Reducin the Minimum Rental Term from 90 Days to 30 Days

A new law, Civil Code §4741, became effective January 1, 2021. Among other things, Civil Code §4741 prohibits an association from enforcing a provision of its governing documents that unreasonably restricts the rental or leasing of units, but does not prohibit an Association from adopting a prohibition of rentals or leases for a period of 30 days or less. Your Association’s existing CC&Rs at Section 2.9.5 include a minimum rental period of ninety (90) days in violation of Civil Code 4741.

Civil Code section 4741 (f) provides that the Board, without approval of the members, shall amend its CC&Rs no later than July 1, 2022, if it includes a restrictive covenant prohibited by this section by deleting or restating it to be compliant. Accordingly, to conform to the new law, Section 2.9.5 of the CC&Rs will to be amended to reduce the minimum rental period from ninety (90) days to thirty (30) days (the longest minimum rental period allowable under the new law).

On June 8, 2022 at 6:00PM, the Board will be approving an amendment to Section 2.9.5 of the CC&Rs, changing the minimum rental or lease term of units from ninety (90) days to thirty (30) days, after consideration of any comments made by Association members.

Enclosed with this notice is acopy of the proposed amendment.

Sincerely yours,

KRIGER LAW FIRM, APC

JOEL M. KRIGER, ESQ.