HOA (Homeowners Association) Policy Drafter

Whispering Pines Estates - Policy Regarding Short-Term Rentals
18 Oct 2026

1. Purpose and Intent
   This Policy preserves the residential character, safety, and stability of Whispering Pines Estates by regulating the short-term rental of Dwellings within the community. Its goal is to allow limited, accountable leasing while protecting neighbors from the turnover, traffic, parking, and common-area strain that frequent short stays can create. This Policy is adopted under the authority of the Association's Declaration, Bylaws, and applicable law, and applies to every Owner, Tenant, and guest.
2. Definitions
   • Short-Term Rental: Any rental, lease, or occupancy of a Dwelling, in whole or in part, for compensation, for a term of fewer than thirty (30) consecutive days.
   • Qualifying Lease: A written lease or rental agreement for a term of at least thirty (30) consecutive days.
   • Dwelling: Any single-family home, townhome, or unit within Whispering Pines Estates, together with its lot and any appurtenant parking.
   • Owner: The record titleholder of a Dwelling.
   • Tenant: Any person who occupies a Dwelling under a Qualifying Lease, and every member of that person's household or party.
   • Common Area Facilities: The clubhouse and all other amenities and property owned or managed by the Association for the use of its members, including the clubhouse's rooms, patios, kitchen, and equipment.
3. Rules and Regulations
   3.1 Minimum Stay.
   • No Owner may rent or offer a Dwelling for any period of fewer than thirty (30) consecutive days. Short-Term Rentals are prohibited.
   • Every rental must be documented by a written Qualifying Lease. Rental of individual rooms, rotating occupancy, and advertising a Dwelling on a nightly or weekly basis through any platform (including Airbnb or VRBO) are prohibited.
   3.2 Vehicle Limit.
   • No more than two (2) vehicles may be kept, parked, or regularly used by the occupants of any rental Dwelling at any one time.
   • This limit includes cars, trucks, motorcycles, trailers, and recreational vehicles, whether parked in a driveway, garage, or on a community street.
   3.3 Clubhouse Prohibition.
   • Tenants, and their guests, are prohibited from using the community clubhouse.
   • Clubhouse access credentials, keys, and reservation privileges attach to the Owner and may not be assigned, lent, or delegated to a Tenant.
   3.4 Owner Responsibilities.
   • Within ten (10) days of signing a Qualifying Lease, the Owner must give the Association a copy of the lease (rent terms may be redacted), the Tenant's name and contact information, and the license plate numbers of all Tenant vehicles.
   • The Owner must give each Tenant a copy of this Policy and the Association's governing documents, and must include a clause in the lease requiring compliance with them.
   • The Owner is responsible for every violation committed by a Tenant or a Tenant's guests, jointly with the Tenant.
4. Enforcement and Penalties
   The fines below begin at the required $500 and escalate for repeat violations. The Board must confirm the escalation amounts and the notice periods against state law and the governing documents before adoption.
5. Written Notice. The Board or its manager sends a written notice of violation to the Owner (and the Tenant, if known) describing the violation, the Policy section breached, and the date by which it must be cured.
6. Cure Period. The Owner has ten (10) days from the notice date to cure. For a Short-Term Rental, curing means ending the rental or advertisement and providing proof. For a vehicle violation, curing means removing the excess vehicle.
7. Hearing. Before any fine is imposed, the Owner may request a hearing before the Board within the cure period. The Board must give at least ten (10) days' written notice of the hearing date.
8. Fines. If the violation is not cured, or the Owner is found in violation after a hearing, the Association will levy the following fines per violation:
   Occurrence
   Fine per violation
   First
   $500
   Second (within 12 months)
   $750
   Third and each later (within 12 months)
   $1,000
9. Continuing Violations. A violation that continues after a fine is imposed is a new violation. The Association may levy a new fine every thirty (30) days until it is cured.
10. Clubhouse Violations. Each unauthorized Tenant or guest use of the clubhouse is a separate violation, fined at the amounts above.
11. Collection and Other Remedies. Fines are a charge against the Dwelling, are due within thirty (30) days of notice, and may be collected as assessments are. The Association may also seek injunctive relief and recover reasonable attorney's fees and costs as the governing documents and law allow.
12. Exceptions and Appeals
    5.1 Existing Leases (Grandfather Clause). A written lease signed before the effective date of this Policy may continue to its current expiration date, but may not be renewed or extended on terms that violate this Policy. The Owner must give the Association a copy of the lease within thirty (30) days of the effective date.
    5.2 Hardship Exceptions. An Owner may ask the Board in writing for a time-limited exception to the minimum stay or vehicle limit based on documented hardship, such as military deployment, a medical emergency, or a job relocation. The request must state the reason, the period requested, and supporting documents. The Board will decide within thirty (30) days. Any exception must be in writing and does not allow Tenants to use the clubhouse.
    5.3 Appeals.
    • An Owner may appeal a notice of violation or a fine by delivering a written appeal to the Board within fifteen (15) days of the notice.
    • The Board will hold a hearing on the appeal within thirty (30) days and issue a written decision within ten (10) days after the hearing.
    • The Board's decision is final within the Association, without prejudice to any right the Owner has under the governing documents or applicable law.