1. Purpose
1.1. This Rule A.14 is adopted pursuant to the authority expressly stated in Article VII, Section 5(d) of the Declaration, as amended, regarding the “Use of any Family Dwelling Units by Tenants” creating reasonable restrictions on the conduct of Tenants and Guests and to establish duties of Owners of leased property. This rule is intended to apply in its entirety to Short-Term Rentals, Vacation Rentals, Short-Term leases, and Long-Term Leases.
1.2. These rules are imposed to address and encourage the use and enjoyment of the property by Tenants and Guests that respect the right of Owners and residents to the peaceful use and enjoyment of a family dwelling unit.
1.3. These rules recognize the transiency of Tenants and Guests and necessitate the ability to impose fines and fees more expeditiously than permitted by A.1.
2. Definitions
2.1. Lease or Leasing – “Leasing” for the purposes of Rule A.14 means the occupancy of a family dwelling unit by any person(s) other than: the owner or a parent, child or spouse of an owner (collectively referred to as “Authorized Occupancy”); (2) an Authorized Corporate Occupant (defined below); or (3) a roommate of an Authorized Occupant or Authorized Corporate Occupant, when the Authorized Occupant or Authorized Corporate Occupant also occupies the dwelling as his or her primary residence. An Authorized Corporate
Occupant shall be an officer, director, shareholder, member or employee of an owner that is a corporation; a manager or member of an owner that is a limited liability company; a partner of an owner that is a partnership; or a trustee or beneficiary of an owner that is a trust; provided the owner receives no rent or other consideration for such occupancy. The name of each Authorized Corporate Occupant shall be designated in writing to the Board and may not be changed more frequently than once every 12 months without the Board’s written consent. A person’s designation as an Authorized Corporate Occupant shall
terminate automatically upon the termination of such person’s relationship with the entity holding record title to the Lot.
2.2. Short-Term Lease(s) – means a lease that has a term of 30 consecutive days or less.
2.3. Long-Term Lease(s) means a lease that has a term of 31 days or more.
2.4. Short-Term Tenant means any person Leasing a family dwelling unit for 30 consecutive days or less.
2.5. Long-Term Tenant means any person Leasing a family dwelling unit for 31 consecutive days or more.
2.6. Tenant means either a Short-Term Tenant or a Long-Term Tenant. 2.7. Guest – means any person other than the Owner who visits a family dwelling unit during the term of the lease. The Definitions set out above are equally applicable to the occupancy of Family Dwelling Units by Tenants under Short-Term Rental Agreements, Vacation Rental Agreements and similar type Instruments. References to “Lease” also
applies to “Agreement”.
3. Rules
3.1. The following apply to all Leases:
Owner shall complete an annual Lease Registration Form with applicable Administrative Fee prior to executing any residential lease. The form shall be renewed annually prior to January 31 of each year. Owner shall be responsible for updating the information as necessary. This will be an annual process unless a change of ownership occurs. Any owner who has never leased their property shall complete a Lease Registration Form prior to leasing the property. Failure to register may result in a fine up to $1000 per property, per occasion, and Guests may not be allowed to enter.
Owner or their agent shall provide the Tenant with the Rules and Regulations of Big Canoe POA.
Owner or their agent must authorize gate access for all Guests and Short-Term Tenants by phoning the POA employees at the gate or by using the online service available for that purpose. Long-Term Tenant access will be authorized by providing a copy of the Long-Term Lease in accordance with Section 3.1(e) below. Long-Term Tenants who have been authorized access may then authorize access for their Guests. The access list must be provided before arrival; 48 hours prior to arrival is preferred. For emergency purposes, contact information must be provided to Owner or their registered agent for all adults.
Long-Term Tenants may purchase a transponder with the permission of the Owner.
A copy of a Long-Term Lease must be provided to the POA along with a mailing address and contact phone number of the Tenant (including all persons expected to visit the property during the Lease) for emergency purposes.
Short-Term Tenants are not permitted to authorize access to others to Big Canoe. Owners must authorize access for all persons not named on the access list or on the Long-Term lease.
Overnight parking of vehicles must be in a garage, carport, or substantially on driveway or parking pad. Additional vehicles may be parked in the third lowest level of the Playfield parking lot. The gate pass must be placed on the vehicle dashboard showing the rental address. Overnight is defined as the hours between midnight and 6 AM. See Rule A.7 for parking restrictions on Common Property of Big Canoe.
Parking at other times must be substantially off the roadway and must not impede emergency vehicle access. Vehicles may not park on other Owner’s property, including driveways, or block access to any road
or driveway.
Owner must provide a telephone number at which Owner may be contacted at all times during a lease. Alternatively, Owner must provide the name and telephone number of a person who shall have the authority to act as an agent on Owner’s behalf.
Owner or an agent of Owner must be capable of traveling to the Property within one hour upon notification by a POA employee of an emergency or situation, including but not limited to a violation of the Rules
and Regulations or any other Association document, that cannot be resolved by the POA, after reasonable attempts are not successful.
Owner is responsible for obtaining all licenses, permits and abiding by all codes required by any governmental entity, including but not limited to county registrations, permits for rental property or other restrictions.
Owner shall not permit any hazardous or unsanitary condition to exist on a family dwelling unit, including, but not limited to, exceeding the capacity of the septic system.
4. Enforcement
4.1. In addition to the sanctions provided in Rule A.7 any vehicle parked in violation of any parking regulation is subject to towing without warning, at vehicle owner’s expense or a parking fine assessed to the Owner up to $250.
4.2. A Tenant’s first violation of Rule A.16 [Noise] shall result in a warning from the POA. The warning shall be given to a Tenant named in the access list and by a telephone call to the Owner, or if designated, to the Owner’s agent. The second violation will result in a $250 fine assessed to the responsible Property Owner, commercial establishment or contracting party as appropriate. If, for the same incident, Public Safety must make a third visit to the same location due to a continuing violation of Rule A.16, then Public Safety
shall have the discretion to declare such violation belligerent and a violation of a serious nature pursuant to Rule A. 2. A copy of the warning and a copy (ies) of the subsequent incident(s) resulting in the imposition of a fine(s) shall be included with the notice(s) of the fine(s). All fines are assessed to the Property Owner.
4.3. All fines and fees imposed on an Owner for the acts of a Tenant(s) should be paid before the commencement of a subsequent Lease. No Tenant(s) will be admitted to the property if any fine or fee is overdue to the Association.
4.4. Owner shall be responsible for actual costs incurred by the Association in administering and enforcing the provisions of this A.14.
4.5. Any Leased property that has habitual recorded complaints (as determined by the POA) by residents through Public Safety may be banned from leasing property for a period of up to one year.
