Renting Your Unit

Owner-landlords are a large share of this community and are frequently the least engaged in its governance — partly because leasing restrictions are a recurring source of friction with boards, and partly because absentee owners rarely hear anything except billing notices.

How many units are rented here🔗

As of March 31, 2026, 117 of the 192 units at Jamacha Greens were tenant-occupied — about 61%. Owner-occupied units are the minority here, and have been for some time.

Source: Pernicano Realty & Management, by telephone, March 31, 2026. Unlike the rest of the figures on this site, this one does not come from a document the Association has disclosed.

That number matters for the section below. A rental cap cannot be set below 25% of the units, so any cap the Association could lawfully adopt would sit far under the share currently rented — and Civil Code § 4740 would exempt owners who bought before it was adopted. A cap introduced now would reach a large share of the units already leased, which is the practical reason § 4741 exists.

The 25% floor🔗

Civil Code § 4741, added by AB 3182 and effective January 1, 2021, provides that an association may not adopt or enforce a provision that prohibits or unreasonably restricts the rental or leasing of separate interests.

Concretely:

• An association may cap rentals, but not below 25% of the separate interests in the development.
• An accessory dwelling unit or junior ADU rented by an owner who occupies the residence does not count toward that cap.
• An association may require a minimum lease term, but not longer than 30 days — which permits a ban on short-term and transient rentals.
• An association may not require prior approval of a prospective tenant, or impose tenant-screening or waiting-period requirements that operate as a restriction on leasing.

Section 4741(f) required every association to amend its governing documents to conform by December 31, 2021. Section 4741(g) provides that an association that willfully violates these limits is liable to the applicant or member for actual damages and a civil penalty of up to $1,000.

Civil Code § 4740 separately protects owners who acquired their unit before a rental prohibition was adopted — such a prohibition generally does not apply to them.

What our documents say🔗

Declaration L of the Restated CC&Rs prohibits transient or hotel-type rentals of less than thirty days, but otherwise grants owners the right to lease their units. That 30-day floor remains enforceable under § 4741(c).

What matters is anything beyond that. Leasing restrictions, waiting periods, or tenant-approval requirements introduced through operating rules rather than a recorded amendment sit on weak ground — both because § 4741 caps what any association may impose, and because Civil Code § 4205 makes operating rules the lowest tier of authority in the governing hierarchy.

Our Rules and Regulations were last revised in January 2011, a decade before AB 3182. Where they conflict with § 4741, the statute controls.

There is no separate rental-restriction document🔗

Civil Code § 4525 requires the association to hand a prospective buyer a specific list of documents, and a statement of rental restrictions is on it. What Jamacha Greens supplies under that heading is a single line:

“For rental restriction information please reference the Rules and Regulations or CC&Rs”

That is not an evasion, and it may well be the honest answer — there is no separate rental policy, so there is nothing else to hand over. But it does mean a buyer, or an owner deciding whether they may lease, is sent to two documents totalling sixty-odd pages of 1972 typescript with no pointer to the provision that governs.

That provision is Declaration L of the CC&Rs, and this page is the pointer. If anyone tells you a rental restriction applies that you cannot find there or in the Rules, ask which recorded provision it comes from.

Why this matters to the Coalition🔗

Under our Bylaws, the vote belongs to the owner, not the resident. Article II, Section 1 gives each owner of a condominium unit one vote per unit owned. An owner who lives in Arizona and has not attended a meeting in a decade holds exactly the same voting power as an owner-occupant who attends every month.

That means a majority of the votes in this association are held by people who do not live here — and, in a community where the last election was cancelled for lack of candidates, mostly are not being asked for anything. Absentee owners are not the obstacle to reform. They are the largest untapped constituency in it.

Renters cannot vote in association elections, but they live with the outcomes, and § 4515 protects their right to participate in organizing alongside owners.