CHP HOA Meeting
07/07/2025
Special update on Rental Restrictions Amendment

Board Members in Attendance: JJ Gentry, David Wright, David Bergeron, Toni Jumper, Sarah
Lewis
Board Members Absent: Jan Talkish-Rigney, Karen Sipos

40 Residents Attended

Board president David Wright introduced the meeting:

• Some homeowners have expressed concerns about rentals, Air BnB, and property values.
• CHP is not a short term apartment community. We are a long term home community.
• Our research showed other communities concerned about safety and stability.
  • Renters tend to violate HOA rules
  • Not knowing your neighbors
  • Renters tend to care less about property maintenance
  • Renters tend to care less about HOA property
• Also some mortgage and insurance companies consider the percentage of rentals in a community when determining rates.

Long time board member JJ Gentry outlined the basics of the proposal we’ve drafted so far:

• The intention is to prevent outside entities from using our community as an income source.
• If someone is living here, and moves up to The Bluff or Ascot, and wants to rent their home here to finance their upgraded lifestyle, we don’t want to interfere with that.

PROPOSED AMENDMENT:

• A homeowner shall receive approval from the HOA (Board) to rent his or her home. The HOA (Board) must not discriminate homeowners and must develop a fair process for approving rentals.
• A homeowner shall live in the home for at least 1 year before he or she may rent his or her home.
• A homeowner shall only rent out 1 home.
• A homeowner shall not rent his or her home for less than 30 days.
• The lease must contain language that makes clear the renter is subject to the Bylaws, Covenants, and Rules, and that the homeowner is responsible for maintenance of the property and the conduct of renters.
• The homeowner must submit the lease to the HOA for rental registration along with a document granting or denying renters access to HOA amenities.
• The HOA may charge a reasonable fee for rental registrations.
• Current rentals are grandfathered until the end of the current rental period.

Homeowner Comment:

• Voting on this is very important. We need about 500 yes votes to pass.

Homeowner Question: Are we still under developer control?
Answer: Yes. We’ve talked to the original developer (Seaboard Flour), and they don’t currently have an objection. They need to see the proposed language.

Q: What does it take to get out from developer control?
A: It ends when they sell the last lot, or when they say in writing that they’re relinquishing control. They have no intention of relinquishing control.

Q: If two people co-own a house, how many votes do they get?
A: One vote per address.

Q: What’s the timeline?
A: We have to get input from the developer, and check with lawyers about legality and enforcement. It could be a few months.

Q: What’s this going to cost?
A: Could be over $1,000 for lawyer input.

Q: Will you be charging the registration fee for every lease renewal?
A: The fee may or may not be assessed at all. It depends on if Town & Country charges us extra for this administration and record keeping. A simple renewal should be minimal work so we don’t anticipate charging for each renewal.

Q: Can you require homeowners and renters to have insurance?
A: Owners are responsible for the property. Any damage to HOA property will be billed to the owner. Insurance is irrelevant. Besides, we may not have the authority to require this.
Renters insurance only covers the renter’s personal property, not the dwelling.

Q: Are owner’s rights transferrable?
A: Owners are allowed to give their rights of common area access to renters in writing. In that case the owner no longer has these rights. They can’t both use the amenities.

Q: Why not just a cap on the percentage of homes that can be rented?
A: That doesn’t address the current owners’ concerns about corporations buying multiple properties.
Courts don’t see arbitrary limits as fair. The first company to buy X% of homes gets to shut others out of the market.

Q: Why not require an owner to live in a home for two years instead of one?
A: Our research showed one year is the standard in these cases.
We don’t want to push the limits on what the courts will uphold.

Comment: If we require certain language in a lease, we should have examples to provide.
Answer: Good idea. We’ll draft something.