To Whom It May Concern:
I am writing on behalf of the Sweetwater Golf Course Homeowners Association (HOA) Board of Directors to clarify misunderstandings and misinformation relative to short-term rentals within our HOA. Some individuals have been informed or have otherwise gotten the impression that the Declaration of Restrictive Covenants applicable to Subdivisions within our HOA has been modified to allow short-term rentals, which is not the case.
As stated in the Fifth Amended and Restated Bylaws of the HOA in Article IX, Rentals: “The Declaration [of Restrictive Covenants] states: ‘No commercial trade or business may be conducted on any Lot in the subdivision.’ This may include short-term rentals. Without waiving any right of the Association, any short-term rental, defined as any rental for a period of less thirty (30) consecutive days, that is subject to the Rich County Short Term Rental Ordinance, Ordinance No. 82, shall comply with that ordinance, including obtaining a permit from Rich County and complying with all of the terms, conditions, and requirements of the permit and ordinance, and shall also comply with the Governing Documents of the Association. Should it be legally determined that short-term rentals constitute a commercial trade or business the Declaration will be enforced.” (Emphasis added.)
Based upon the Declaration of Restrictive Covenants and the Bylaws, any owner within the HOA who engages in short-term rentals does so at the owner’s risk.
Sweetwater Golf Course Homeowners Association Board