45-DAY NOTICE: PROPOSED NEW COVENANTS SHORT-TERM RENTAL RULES AND FINE SCHEDULE

Association News
Jul 12

UPDATED 10/30/18

The board of directors has approved Short Term Rental (STR) rules for Tahoe Donner Homeowners who use their properties for short-term rentals.  These rules will be effective January 1, 2019. Required STR registration will open January 1, 2019. Registration details will be provided soon. Click here for the approved STR rules.

UPDATED 9/18/18

The board of directors will discuss – but not take action on – the proposed short-term rental (STR) rules and the related implementation and covenants enforcement issues at the upcoming board meeting on Sept. 22. Discussion is scheduled to begin at 11AM. Click here for the full agenda.

UPDATED 8/14/18 – PLEASE READ

The official comment period is hereby extended to August 24, 2018. Rules are scheduled for member comment at the Board’s August 18 hearing. Comments will be limited to three minutes per person. All written comments received will be posted on the website.

Short-Term Rental Rules
The proposed short-term rental rules will NOT be on the Board’s August 24 agenda. The short-term rental task force will hold an information meeting on the proposed short-term rental rules during the week of August 27. The Board may act anytime thereafter, with proper notice.

While the official 45-day member comment period expires August 24, member comments will continue to be accepted until the Board acts. If the Board decides to modify the proposed rules in a significant way, a new 45-day member comment period will be required before the Board can take final action.

Please submit any questions or comments to arosenfeld@tahoedonner.com

NOTE: The August board meeting is August 18, 2018. This was previously written as August 19 incorrectly in Tahoe Donner News. We apologize for the confusion.

At the June 22, 2018 Board of Directors meeting, the Board approved the proposed new Covenants Short-Term Rental rules, violation enforcement and fine schedule to go out for 45-day member notification and comment period.

The Board of Directors plans to consider these rules, as they are presented here or with some modification, at its August meeting, currently scheduled for Saturday, August 18, 2018. The board welcomes any input you may wish to offer regarding these changes.

Comments can be submitted via email: arosenfeld@tahoedonner.com, telephone: (530) 582-9630, or US Mail: Tahoe Donner Association at 11509 Northwoods Blvd., Truckee, CA. 96161.

PROPOSED NEW COVENANTS RULES AND FINE SCHEDULE RECOMMENDATIONS CONCERNING SHORT-TERM RENTALS:

These Rules will be known as and referred as under a new Covenants Rules section Short-Term Rentals.

SHORT-TERM RENTALS
Short-term rentals (“STRs”) are residential properties offered for rent or lease for one or more terms of less than thirty-one (31) continuous nights.

SHORT-TERM RENTAL REGISTRATION
All Owners of STRs within the Tahoe Donner Association must register with the TDA administrative office to operate a short-term rental property within the Tahoe Donner Community. An annual registration fee of $150 is required. Disclosure of total number of bedrooms (as historically disclosed in rental advertisement) is required. An Owner must register within 30 days of commencing short-term renting or within 30 days of the effective date of these STR Rules. To register, an Owner must provide evidence of a current compliance certificate issued under the Town of Truckee Transient Occupancy Tax program.

REAL-TIME CONTACT
As a condition of registration, the Owner must provide, among other details to be specified in the Registration, contact information for a live person, having authority to address the issue at the property, who is available to respond 24 hours a day/7days a week within 30 minutes of being notified of any complaint of a violation(s) of TDA rules (“Contact Person”).

COMPLAINT RESPONSE
Within 30 minutes of notice by TDA regarding a complaint at an STR, the Contact Person must respond back to TDA. Within 60 minutes of contact by TDA regarding a complaint, the Contact Person must respond at the property in person or by telephone to the property and shall attempt to cure the cause for the complaint.

COMPLIANCE + NOTIFICATION
All Owners, renters, and vacation renters must comply with all provisions in the TDA Governing Documents and rules including provisions which prohibit “nuisance” behavior and set forth rules concerning vehicles, trailers, motorhomes, camping, parking and use of Common Area. (C&R Article VIII)

Owners must provide a list of applicable Tahoe Donner rules, made available by TDA and posted on www.tahoedonner.com, to renters at the time of their booking and advise them of the obligation to follow the rules. A copy of the rules should be available in the residence. Owners are required to provide renters emergency evacuation information and to have this information prominently posted in the home. It is required the Owner obtain an acknowledgement from the renter that they have reviewed the rules and agree to comply with them. (C&R Article II, Section 3(a))

OCCUPANCY
When functioning as an STR, no home may be (i) advertised to house or (ii) occupied by more than two (2) people per bedroom plus four (4) additional people total TDA may take disciplinary action on any owner who knowingly supplies false information.

PARKING
The number of vehicles shall not exceed the number set forth in the Governing Documents which limits parking to garages and in the driveway of the property. There is no parking on unpaved areas of Lots;

SHORT-TERM RENTAL VIOLATION ENFORCEMENT AND FINE SCHEDULE

In the event TDA determines that a potential violation of these STR Rules or any other Association Rules as it relates to a STR, has occurred, the owner will receive a Notice of Hearing as provided in the Rules Enforcement Procedures. In such event if a violation is found, TDA may impose one or more of the following disciplines:

a. For a first violation impose a fine of up to five hundred dollars ($500) and take appropriate action to collect the fine(s);

b. For each subsequent violation impose a fine which increase by five hundred dollars ($500) per occurrence and take appropriate action to collect the fine(s), i.e. 2nd violation one thousand dollars ($1000), 3rd Violation one thousand five hundred dollars $1500, etc. all occurring within a one-year period from the first hearing;

c. Fines may be assessed, per incident, on a daily, weekly, or monthly basis according to the nature and severity of the infraction and at the discretion of the Covenants Committee;

d. Suspend the right of the Owner or STR renter to use common areas or common facilities (except for ingress and egress to the property);

e. Impose a special individual assessment against the Owner for costs incurred by TDA (including sums paid to contractors, attorneys and/or others) to repair damage and/or cure a violation of these STR Rules and to collect any unpaid fines;

f. The Board of Directors reserves the right and is empowered to limit an Owner’s right to rent his/her property as an STR, including but not limited to, limiting the number of nights/days a property may be rented, leased or used by other than the Owner within a specified time period, including temporarily suspending the right to rent, lease or allow use by others than the Owner, based on the particular circumstances. TDA will notify all TDA Owners that these Rules are in effect. The notice will include a recommendation that each Owner owning a rental property within the Tahoe Donner Association should include with terms of their STR rental agreement that any fines may be passed along to the renter. It will also recommend that each STR rental agreement should include a deposit to cover any possible fines that may arise. Additionally, the Association recommends a hardline telephone is installed at the property for safety purposes and to ensure compliance with above stated response rule.