Board of Directors Proposes Covenant Changes on Short-term Rentals
(August 11, 2022) – The Cacapon South Board of Directors has been studying the issues related to short-term rentals (less than 30 consecutive days to a single renter). As we all know, there has been a significant increase in home rentals for short-term recreation using Airbnb, VRBO, and other organizations and managers. Longer-term rentals are NOT under discussion.
Board representatives met with a West Virginia-licensed attorney on August 2, and he confirmed that the Board’s proposal for ending short-term rentals, subject to a limited “grandfather,” is fully consistent with West Virginia law.
The Board is focused on maintaining the highest standards and best practices for our community. Our goal is to preserve our residential neighborhood with well-maintained properties, roads, and common spaces. The attorneys also noted various state and local requirements that apply to commercial activities such as short-term rentals. Examples include licensing and tax matters, residential mortgage restrictions on rental usage, etc. (needless to say, we can’t opine on these topics, and suggest that affected owners consult an attorney).
The Proposal
The proposal would amend the Cacapon South Covenants to specifically prohibit short-term rentals (less than 30 consecutive days to a single renter) going forward, with an exemption (“grandfathering”) for existing owners who from 2020 – August 31, 2022, have engaged in a short-term rental or during the same period notified the Board that they expect to do so. The exemption ends with the current owner’s sale of its property.
Amendment Process
Amending our Covenants requires a sixty-six and two-thirds percent approval of all lot owners who vote (in person or by proxy) at a special meeting for such purpose (see Covenants, Article IX,4). The Board hopes to convene this meeting in the Fall, likely on the same day as our regular Annual Meeting, which is scheduled for Saturday, November 5, 2022 October 29, 2022.
Please provide your comments, questions, and input to the Board of Directors by August 31 October 28. We look forward to hearing from you and will consider your input as we prepare our final proposal. Email directors@cacaponsouthpoa.com
(NOTE explaining strikeouts: This notice was originally published in the (Aug 2022) Quarterly Newsletter (PDF) delivered by email to POA members by the Board of Directors; Later the POA meeting date was updated to October 29, 2022, and the date for providing input to the BOD regarding grandfather status was changed to October 28, 2022, in a (Sept 2022) Date Extension Notice sent to POA members on September 26, 2022)