Toxaway Views Rental Restrictions

Toxaway Views Owners and Renters are advised to be fully cogent of our community's Declarations and Rules and Regulations' requirements/restrictions regarding rental (leasing) or renting in Toxaway Views.

DECLARATION CREATING UNIT OWNERSHIP AND ESTABLISHING RESTRICTIONS, COVENANTS, AND CONDITIONS FOR TOXAWAY VIEWS: (N) Leasing of Units

• No unit owner shall be permitted to lease his unit for transient or hotel purposes. FYI - The U.S. Department of Housing and Urban Development Secretary has defined the term transient or hotel purposes to mean (1) any rental for a period less than 30 days, or (2) any rental if the occupants of the housing accommodations are provided customary hotel services such as room service for food and beverages, maid service, furnishing and laundering of linen, and bellboy service.

• No unit owner may lease less than the entire unit.

• Any lease agreement shall be in writing and shall provide that the terms of the lease shall be subject in all respect to the provisions of the Declaration and the By-Laws and that any failure by the Lessee to comply with the terms of such documents shall be in default under the lease.

RULES AND REGULATIONS OF TOXAWAY VIEWS HOMEOWNERS ASSOCIATION (Affirmed 11 July 2015) Specifically applying to owners and renters, all references below to Owners also applies to Renters:

1….. Every Owner and occupant shall comply with these Rules and Regulations as set forth herein, any and all regulations which from time to time may be adopted, and the provisions of the Declaration, Bylaws, and Articles of Incorporation of the Association, as amended from time to time.

2. If any unit owner, tenant, or guest is not complying with the Rules and Regulations, the provisions of the Declaration, Bylaws and Articles of Incorporation of the Association, as amended from time to time, the unit owner will receive notice of the rule infraction. Should the rule violation not be cured or is being repeated, the unit owner will be subject to a fine not to exceed one hundred dollars ($100.00) which may be imposed for the violation, and without further hearing, for each day more than five days after the Board of Directors decision and notification that the violation occurs.

3. The sidewalks, entrances, passages, vestibules, stairways, outside corridors and halls must not be obstructed or encumbered or used for any purpose other than ingress and egress to and from the premises.

4. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by a Unit Owner on any part of the outside or inside (which may be viewed externally) of the premises or building without the prior written consent of the Association.

5. No awnings or other projections shall be attached to the outside walls of the buildings and no blinds, shades or screens shall be attached to or hung in, or used in connection with the outside of any window or door of the demised premises, without prior written consent of the Association.

6. No baby carriages, bicycles or other such objects shall be allowed to stand in the halls, passageways, or other common areas of the building.

7. Children shall not play in the common halls or breezeways. Children under nine (9) years of age shall not be allowed in the common areas unless accompanied by an adult.

8. All garbage and refuse must be placed in plastic garbage bags and placed in containers with tops closed. Unit Owner may be assessed an extra charge for not complying.

10. No Unit Owner shall allow anything whatever to fall from the windows, doors or balconies of the premises, nor shall sweep or throw from the premises any dirt or other substances into any of the corridors, halls, ventilators or elsewhere in the buildings or upon the grounds.

11 No garbage cans, supplies, milk bottles or other articles shall be placed in the halls or on the staircase landings, nor shall anything be hung from the windows or balconies or placed upon the window sills. Neither shall any linens, cloths, clothing, curtains, rugs or mops be shaken or hung from any of the windows or doors, or in common areas.

12. No Unit Owner shall make or permit any disturbing noises in the buildings by himself, his pets, his family, servants, employees, agents, visitors and licensees, nor do or permit anything by such persons that will interfere with the rights, comforts, or conveniences of other Unit Owners. No Unit Owner shall play upon, or suffer to be played upon, any musical instrument, or operate or suffer to be operated any audible equipment in his Unit between the hours of eleven o'clock P.M. (11:00 P.M.) and the following eight o'clock A.M. (8:00 A.M.), if the same may possibly disturb or annoy other occupants of the building. No Unit Owner shall conduct or permit to be conducted, vocal or instrumental practice, nor give or permit to be given vocal or instrumental instruction of any kind.

13. No radio or television antenna or satellite dish shall be installed which is not in compliance with the Association’s Requirements for the Installation of Satellite/TV Antennas, adopted by TVHA BODs 7/10/2010, as amended. Any such radio or television antenna or satellite dishes erected on the roof or exterior walls of the building without complying or receiving prior HOA approval are subject to being removed without notice; removal cost may be billed to the owner. No Unit Owner shall purport to give any easement or right of way to any utility or cable/satellite Television Company.

14. …. Tenants may not have pets within the Association. Guests of homeowners are permitted to bring a small pet provided that the homeowner is in residence.

15. No Unit Owner shall allow any insecticide or other pollutant to flow into any stream or lake adjoining the property, nor shall he block the flow of any stream or drainage area without the consent of the Association.

16. No Unit shall be occupied by more than six (6) persons at any one time.

17. No Unit Owner shall keep more than one (1) automobile in the parking spaces nor occupy more than two (2) parking spaces (on a temporary basis) in connection with the use of his Unit, except such as may be occupied by his bona fide temporary guests in areas designated for guest parking. When there is only space, or less, for one car per unit to be parked in front of the building, additional vehicles should be parked in the designated spaces around the center circle; and, shall avoid using parking spaces in front of another building. All vehicles parked at Toxaway Views must be in good repair and display a current valid tag. Vehicles or trailers of any type shall not be parked in any location on the property, designated parking or otherwise, that might hinder emergency or service vehicle access or passage.

18. Vehicles such as, but not limited to, motor homes, trailers, RVs, or service vehicles with lettering on them, shall NOT be permitted on the premises at any time, except temporary permission is granted for those involved in the repair or maintenance of the units, buildings, or common areas. Owners’ utility trailers, not to exceed 20’ overall, and trailered boats, not exceeding 25’ overall, may be permitted, with written Association approval, to temporarily park in the center circle for a period up to 90 days. Trailers must display a current valid tag and boats must display a current valid registration decal. RVs are permitted on the property for the purpose of loading/unloading for a 24 hour period only. No repair of vehicles shall be made on the Condominium property, except in case of emergency.

19. Automobiles are not to be washed anywhere on the premises, except the designated car washing area that is located on the asphalt area across from the basketball hoop. Persons utilizing the car wash area are requested to neatly roll up the hose and hang it on the spigot, and to turn the water off at the spigot when they are finished.

20. No outdoor grilling is allowed on the foyers of the units or anywhere on the common areas of the property, other than the concrete pool deck as designated by the HOA; and, only electric grills and small gas grills specifically designed to use disposable LPG tanks (not exceeding 1 pound) are permitted on the back decks of the units.

21. No flammable, combustible or explosive fluids, chemicals or substances shall be kept in any Unit. The discharging of firearms and/or fireworks anywhere on the property including restricted common areas or common areas is prohibited.

22. People are requested to use discretion in the opening and closing of all doors.

23. Owners and/or their Real Estate Agents for rentals shall notify Toxaway Views management as to any renters they represent - showing dates of arrival and departure, and the names of the renters and their guests. Owners leasing, or considering leasing their unit, are encouraged to read and be completely familiar with the NC Real Estate Commission’s publications 1) Owning Vacation Rental Property and 2) Tenant Security Deposits; and especially 3) NC Chapter 42A., Vacation Rental Act., Article 1. - Vacation Rentals.

24. Owners and/or their Real Estate Agents shall notify prospects/renters as to the requirements of the Declaration, the Bylaws, and shall provide lessees/renters with a printed copy, of the current Rules and Regulations of Toxaway Views Homeowners Association, to be conspicuously posted in the rental unit.

25. Owners are responsible for providing a copy of the written rental/lease agreement to Toxaway
Views management to provide information required by the Declaration; I.E., (N) Leasing of Units. “No unit owner shall be permitted to lease his unit for transient or hotel purposes. Recognizing that some owners might wish to rent their units to defray cost of ownership, short-term rentals seven (7) consecutive days or more will be allowed. No unit owner may lease less than the entire unit. Any lease agreement shall be in writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration, the bylaws, and the Rules & Regulations, and that any failure by the Lessee to comply with the terms of such documents shall be in default under the lease. Owners are responsible for the keys, including the front door and mailbox keys for those units, and garages, that they represent.

26.Toxaway Views Homeowners Association’s management will notify the Owners of any violations of the Declaration and the Bylaws and/or these Rules and Regulations. Any charges owed the Association as a result of fines for violations or damages to common and/or limited common areas shall be paid immediately. Any amounts owed which are 90 days overdue shall be grounds for relief including without limitation an action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof. Such relief may be sought by the Association or, if appropriate, by an aggrieved Unit Owner.

27. The display of any flag, banner or like item from any area of Toxaway Views Association's property (common and/or limited common areas included) is prohibited with the exception of the United States of America or the North Carolina State flag, of a size no greater than four feet by six feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended, governing the display and use of the flag of the United States.

28. Winterization requirements for the winter season, defined as November 1 through April 1, is mandatory for all units during periods that the unit is not occupied on consecutive days. Requirements for winterization are defined in the Association’s Winterization Policy, adopted by TVHA BODs, as amended.

YOU NEED to KNOW!

The NC Real Estate Commission:

• Renting Residential Real Estate

• Tenant Security Deposits

• Fair Housing

North Carolina Attorney General:

• The Residential Rental Agreements Act

NC Rental Taxes - G.S. 105-164.4(3):

The following taxes are authorized by the State of North Carolina and must be collected by the rental operator, including persons who rent private residences and cottages to transients, on all vacation (short term - 90 days or less) rental property:

• 6.75% North Carolina sales tax.

• 5% Transylvania County local accommodations tax - This tax does not apply to any private residence or cottage that is rented for less than 15 days in a calendar year or to any room, lodging, or accommodation supplied to the same person for a period of 90 or more continuous days."

ARTICLE II. LODGING SALES TAX

These taxes (subject to governmental changes), currently totaling 11.75%, are based on the vacation home’s rental rate and are an additional charge. All other charges are subject to a North Carolina sales tax. Tenants are responsible for payment of all applicable taxes according to rates in effect at the time of occupancy.