A:VIII-RENTAL OF MEMBER'S RESIDENCE

Changes:

-add a minimum rental period of six (6) months

-require proof of payment of rent to track rentals

Discussion held on the following topics without resolution or agreement:

-AirBnB type rentals

-Requiring 6 month rentals eliminates month to month

-The intent seems to be enforcement of tenant fee collection, but requiring owner/tenant to provide a bill (or other proof of rental payment)l doesn’t help with problem. People are avoiding telling the office of their rental to avoid paying tenant fee. This needs to be readdressed and other options discussed.

-Many “children” live with their parents later in life than when original rules were written. Thoughts on creating a clause that children don’t become “guests” until they move out if they lived in the home prior to turning 21.

Discussion held, and agreement reached regarding:

-Add, “in accordance with Article IV sec. 2” to Paragraph 2

-Add “without approval” to two adult rule

Discussion of trying to dissuade renting

How to create a reliable list of rentals

OLD:

(Article VI)

1. Members desiring to rent their dwellings must comply with the requirements of Article II, Section 5 of the By-laws. Each member shall be responsible for their tenant’s compliance with the Association’s Rules and regulations. Member property owners who have tenants are required to pay a tenant user fee for each tenant in each house owned by such member.

2. “Tenants” as that phrase is used herein and, in the By-laws, are defined as persons:

a. Who are not members;

b. Who are not part of the family entitled to use Lake Heritage facilities and common areas, as the term “family” is defined in Article I, Section 2, hereof; and

c. Who are domiciled in a Lake Heritage dwelling not also inhabited part-time or full-time by a member who owns such dwelling. For purposes of this definition of tenant, it is not necessary for the Association to prove a formal written lease or verbal rental agreement, nor is it necessary to prove the actual payment of rent or other form of remuneration between parties. Anyone living in a Lake Heritage residence, where the owner is not also domiciled or in residence, is a tenant and the member-owner of this residence will be invoiced for each tenant.

3. Only two (2) adult tenants are permitted in any one residence which is not owner occupied. For billing purposes only, a husband and wife who are tenants will give rise to only one (1) tenant user fee. For limitation purposes, however, they will count as two (2) tenants.

4. All tenants who qualify as such, shall be entitled to receive vehicle stickers and pool passes and shall be entitled to use the Lake, the common areas, and all the community facilities, after all fees are paid. Such facilities access and use shall also be granted to the dependent children of such tenants while those children are permanently domiciled in the same household. At age 21, such children will be entitled to use such privileges as already bestowed until the end of that fiscal year when they become guests and are no longer eligible for pool passes or vehicle stickers, and they can no longer use the lake facilities and common areas unescorted.

5. “Guests” as that phrase is used herein and, in the By-laws, are defined as persons

a. Who are not members; and

b. Who are not tenants as that term is herein defined.

6. Guests are not entitled to vehicle stickers or pool passes and must be escorted by a member when using the Lake, the community facilities and common areas.

7. Nothing herein shall be construed to indicate any type of membership privileges for tenants. Tenants are the responsibility of their landlord and have no standing with LHPOA.

8. The tenant-guest fee covers a period of one year starting April first and must be paid in advance. Members renting to tenants for less than one year will be eligible for a tenant refund on a pro rata basis.

NEW:

(Article VIII)

1. The rental of rooms within a dwelling is prohibited. The construction of apartments or any type of separate living quarters, as evidenced by separate entrance(s), is prohibited. Short-term rentals of members dwellings, defined as six months or less, are prohibited.

2. Members desiring to rent their dwellings must comply with the requirements of Article II, Section 5 of the By-laws. Each Member shall be responsible for their Tenant’s compliance with these regulations. Members who have Tenants are required to pay a Tenant User Fee.

3. Tenants as that word is used herein, and, in the By-laws, are defined as persons: (a) who are not Members; (b) who are not part of the Member’s Household entitled to use Lake Heritage Community facilities and common areas, as the term “Member’s Household” is defined in Article II, hereof, (c) and who are domiciled in a Lake Heritage Community dwelling not also inhabited part-time or full-time by the Member who owns such dwelling. For purposes of this definition of Tenant, it is necessary for LHPOA to have proof of a formal written lease or verbal rental agreement and proof of the actual payment of rent or other form of remuneration between parties. Anyone living in a Lake Heritage Community residence, where the Member is not also domiciled or in residence, is a Tenant, and the Member owner of this residence will be invoiced for a single Tenant User Fee.

4. Only two (2) adult Tenants and their (dependent) children are permitted to reside in any one residence which is not Member occupied. Only one Tenant User Fee can be assessed to the Member for a rented home.

5. Tenants shall be entitled to LHPOA Privileges after all fees are paid. Such LHPOA Privileges shall also be granted to the dependent children of such Tenants while those children are permanently domiciled in the same household. At age 21, such children will be entitled to use such LHPOA Privileges as already bestowed until the end of that LHPOA fiscal year, when they become Guests.

6. The Tenant User Fee covers a period of one LHPOA fiscal year starting April 1st and must be paid in advance. Members renting to Tenants for less than one year will be eligible for a Tenant User Fee refund on a pro rata basis.

7. Nothing herein shall be construed to indicate Member status for Tenants. Tenants are the responsibility of their landlord and have no standing within LHPOA.

CHANGES:

1. The rental of rooms within a dwelling is prohibited. The construction of apartments or any type of separate living quarters, as evidenced by separate entrance(s), is prohibited. Short-term rentals of members dwellings, defined as six months or less, are prohibited.

2. Members desiring to rent their dwellings must comply with the requirements of Article II, Section 5 of the By-laws. Each mMember shall be responsible for their tTenant’s compliance with the Association’s Rules andse regulations. Member property owners who have tTenants are required to pay a tTenant uUser fee for each tenant in each house owned by such member.

2.Fee.

3. “Tenants” as that phraseword is used herein, and, in the By-laws, are defined as persons:

a. W (a) who are not mMembers;

b. W (b) who are not part of the familyMember’s Household entitled to use Lake Heritage Community facilities and common areas, as the term “familyMember’s Household” is defined in Article I, Section 2, hereof; and

c. WI, hereof, (c) and who are domiciled in a Lake Heritage Community dwelling not also inhabited part-time or full-time by a mthe Member who owns such dwelling. For purposes of this definition of tTenant, it is not necessary for the Association to proveLHPOA to have proof of a formal written lease or verbal rental agreement, nor is it necessary to prove and proof of the actual payment of rent or other form of remuneration between parties. Anyone living in a Lake Heritage Community residence, where the ownMember is not also domiciled or in residence, is a tTenant, and the mMember- owner of this residence will be invoiced for each tenant.

3.a single Tenant User Fee.

4. Only two (2) adult tTenants and their (dependent) children are permitted to reside in any one residence which is not ownMember occupied. For billing purposes only, a husband and wife who are tenants will give riOnly one Tenant User Fee can be assessed to only one (1) tenant user fee. For limitation purposes, however, they will count as two (2) tenantsthe Member for a rented home.

45. All t Tenants who qualify as such, shall be entitled to receive vehicle stickers and pool passes and shall be entitled to use the Lake, the common areas, and all the community facilities,shall be entitled to LHPOA Privileges after all fees are paid. Such facilities access and useLHPOA Privileges shall also be granted to the dependent children of such tTenants while those children are permanently domiciled in the same household. At age 21, such children will be entitled to use such pLHPOA Privileges as already bestowed until the end of that LHPOA fiscal year, when they become gGuests and are no longer eligible for pool passes or vehicle stick.

6. The Tenant User Fee covers, and they can no longer use the lake facilities and common areas unescorted.

5. “Guests” as that phrase is used herein and, in the By-laws, are defined as persons

a. Who are not members; and

b. Who are not tenants as that term is herein defined.

6. Guests are not entitled to vehicle stickers or pool passes and must be escorted by a member when using the Lake, the community facilities and common area period of one LHPOA fiscal year starting April 1st and must be paid in advance. Members renting to Tenants for less than one year will be eligible for a Tenant User Fee refund on a pro rata basis.

7. Nothing herein shall be construed to indicate any type of membership privilegeMember status for tTenants. Tenants are the responsibility of their landlord and have no standing within LHPOA.

8. The tenant-guest fee covers a period of one year starting April first and must be paid in advance. Members renting to tenants for less than one year will be eligible for a tenant refund on a pro rata basis.