Short Term Leasing

Short Term Leasing & Renting Policy

RED ROCK MEADOWS HOMEOWNERS' ASSOCIATION, INC.

POLICY CONCERNING SHORT TERM LEASING AND RENTING


WHEREAS, the Red Rock Meadows Homeowners' Association, Inc. ("Association" or "HOA") and its Board of Directors ("Board"), finds there is a need to establish a policy concerning the leasing and renting of homes within the subdivision.


WHEREAS, the Restated Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision ("Declaration") at Article III provide, inter alia, the following:


Section 1: Use of Lot. Each residential lot shall be used for residential purposes only and not for any business, trade, commercial or industrial purpose whatsoever except that individuals may conduct non-nuisance, inoffensive businesses within their homes. Business enterprises, including self-employed businesses, where the public is invited, are not permitted.

WHEREAS, the Board finds that short term rentals and leasing of homes within the subdivision necessarily entails inviting the public and poses a risk of nuisance activities and disregard of the Declaration and restrictions that are in place to, inter alia, promote the quiet enjoyment, harmony, recreation, health, safety and welfare of the HOA residents.

NOW, THEREFORE, the Board approves the following policy and guidelines concerning leasing and renting of homes:


  1. SHORT TERM LEASING AND RENTING PROHIBITED
  2. Other than as provided herein, no Lot or home within the HOA may be leased or rented at any given time to a Third Party. Any Owner engaged in leasing or subleasing activities as of the date of this policy shall be allowed to continue leasing or subleasing activities until the earlier of the following: the expiration of the initial lease term; or said Lot is sold or conveyed to a Third Party.
  3. No owner may lease a Lot for fewer than or greater than twelve (12) months. Owners may apply for a hearing before the Board for temporary or special variances in case of hardship. Permission to lease will be granted at the sole discretion of the Board of Directors.
  4. Any Lot Owner engaged in leasing or subleasing activity must, upon the sale or conveyance of said Lot, notify any potential buyer or person taking title that no Lot within the HOA may be leased at any given time to a Third Party. For the purpose of this provision, "Third Party" shall be defined as any person who is not an Owner as that term is defined in the Declaration.
  5. All lease agreements must be submitted to the HOA. Owners shall also submit a "tenant registration form" to the HOA for each existing tenant/lease, in a form prepared for the HOA by the Board of Directors, no less than thirty (30) days prior to executing or extending a lease. The HOA may charge a reasonable review and processing fee concerning the above. If an Owner fails to provide the "tenant registration form", the HOA may impose reasonable monetary penalties as determined by the Board, in addition to other remedies available under the Declaration and South Dakota law. The HOA may also suspend an Owner's ability to Lease for a period of twelve (12) months for noncompliance with this Policy or the Declaration by either the owner or tenant.
  6. Any Owner engaging in leasing activity must submit to the HOA a security deposit in an amount to be determined by the Board of Directors (the "Security Deposit"). The Security Deposit shall be debited should any tenant of the Owner or the Owner fail to abide by the provisions of this Declaration or this Policy. This rental restriction provision takes precedence over any inconsistent language in the Articles or Bylaws or Rules of the HOA.


2.  AMENDMENT


The Board of Directors may amend this policy from time to time.

The undersigned, being the president of the Red Rock Meadows Homeowners' Association, Inc. a South Dakota non-profit corporation, certifies that the foregoing policy was adopted/ amended by the Board of Directors of the Association, at a duly called and held meeting of the Board of Directors of the Association on December 12, 2018, and in witness thereof, the undersigned has subscribed his name. (to view signature click here)


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