Sunrise Canyon HOA 2015 Leasing Restriction Deemed to be Invalid

The Sunrise Canyon HOA Board of Directors has directed me to post the following notice:

The Board recently discovered that the leasing restriction amendment to the Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Fairfield Sunrise Canyon (the “Declaration”) that was proposed to the membership and approved by vote in 2015 was never properly recorded with Pima County.

The Board had sought a legal opinion from our HOA Counsel, Goldschmidt | Shupe, regarding the legal validity of the unrecorded 2015 leasing restriction.

Our Counsel has found “The unrecorded 2015 amendment to the Declaration establishing a strict prohibition against the rental of the Lots in Sunrise Canyon as of March 15, 2015, and grandfathering any Lots used as rentals as of that date until the Lot is sold to a new owner, is not legally valid or enforceable. Amendments to deed restrictions or declarations of covenants, conditions, or restrictions, such as the Declarant, regardless of whether they receive the required approval of property owners, do not become enforceable until they are recorded.” At this late date there is no corrective action that may be taken to record the 2015 HOA vote.

Effective immediately any unit is entitled to enter into a long-term rental agreement. Short term rentals (Air B&B, VRBO, etc.) are still precluded as running a business (hoteling) from your unit is precluded by the CCRs.