2023 Amendment to Prohibit Rentals
Explanation: 2023 Amendment to Prohibit Rentals
During the past several years, our neighborhood has seen an increase in residential homes being converted to rental properties. Some of these properties have been rented as short-term rentals (one month or less) which is prohibited. Others have been longer term rentals and our covenants are not clear on their prohibition.
The Board responds to rental complaints as complaints arise. However, a more specific policy prohibiting all rentals would prevent these issues from arising in the first place.
The Board unanimously recommends the attached amendment to prohibit all rentals with exceptions.
PLEASE NOTE - THIS AMENDMENT DOES NOT AFFECT EXISTING HOMEOWNERS. IT ONLY AFFECTS FUTURE HOMEOWNERS.
Current property owners may rent their properties for a period of 180 or more consecutive days under a rental agreement. New property owners who acquire the property after this amendment is approved will be prohibited from any rental of their property unless any of the next 3 exceptions apply.
- If the New Owner is a relative of the Current Owner (TN State Law).
- If a property is rented to an immediate family member of the new owner the prohibition would not apply. Immediate family members include the owner’s children, grandchildren, parents and the owner’s siblings and similar relatives of the owner’s spouse.
- If the owner is experiencing exceptional temporary circumstances, the Board of Directors may approve the temporary rental of the property for a rental period not exceeding twelve months.
The Board could revoke any of the above exceptions if the homeowner does not maintain compliance with all of the other provisions of the restrictive covenants.
Any owner violating the rental prohibition would reimburse the HOA for all legal fees and other costs incurred by the HOA as well as an additional assessment of $1,000 per month.
THE AMENDMENT REQUIRES APPROVAL BY 2/3 OF THE HOMEOWNERS. EVERY VOTE IS IMPORTANT! PLEASE VOTE BY CASTING YOUR BALLOT ONLINE OR PRINT THE PAPER BALLOT AND RETURN IT TO OUR BUSINESS OFFICE OR ANY MEMBER OF THE BOARD OF DIRECTORS. (Only 1 vote accepted per household.)
Information concerning the amendment can be found by clicking on any of the following links:
BOARD'S TRANSMITTAL LETTER TO HOMEOWNERS (Updated Sept. 8, 2023)
QUESTIONS AND ANSWERS CONCERNING THE AMENDMENT
VOTING BEGINS THURSDAY, AUGUST 3
Mail Paper Ballots to Business Office
Temple Hills Country Club Estates
c/o DCCapital HOA
1804 Williamson Ct., Suite 108
Brentwood, TN 37027
(615) 256-7146
Or Hand Deliver Paper Ballots to Board Members:
Jimmie Vaughan, Fleet Abston, John Carr, John Garvey, Kathy Haskins, Jordan Legendre, Vince Winterland
2023 Amendment to Prohibit Rentals
AMENDMENT TO
TEMPLE HILLS COUNTRY CLUB ESTATES
RESTRICTIVE COVENANTS
RENTAL PROHIBITION
Pursuant to the provisions of Article IX, Section Two of the Restrictive Covenants of Temple Hills Country Club Estates adopted June 19, 1973, Article VI is amended effective (date of recording by county) by adding as follows:
Section Ten. Rental Use of Lot and Property Prohibited.
1. Rental Use Prohibited: No Lot, Property, or part thereof in Temple Hills Country Club Estates shall be rented by the Owner for use or occupancy of the Lot, Property, or part thereof by any individual, family, group, company, partnership, or other entity in exchange for payment or other valuable consideration except as provided in subsections 2 – 4 of this Section.
2. Exception for Existing Owners on date of amendment: Nothing in this amendment will limit an Owner from renting any Lot, Property, or part thereof for a period of 180 or more consecutive days under a rental agreement if the Owner owned the property on the effective date of this amendment. This exception is not transferrable except as allowed under Tennessee Code Annotated Title 66, Chapter 27, subsections 701 through 705.
3. Exception if rented to immediate family members: Any Lot, Property, or part thereof may be rented to immediate family members of the Owner. Immediate family members of the Owner include the Owner's children and grandchildren, the Owner’s parents, and the Owner’s siblings and similar relatives of the Owner's spouse.
4. Exception if exceptional temporary circumstances of Owner: The Association's Board of Directors may approve the temporary rental of a Lot, Property, or part thereof by an Owner if exceptional temporary circumstances arise for the Owner. No such exception shall exceed twelve months.
5. Compliance with Restrictive Covenants Required: Nothing in this Section relieves the Owner of complying with all other provisions of the Restrictive Covenants. The Association's Board of Directors may adopt rules and procedures for monitoring an Owner’s compliance with rental prohibitions and may rescind exceptions within this Section if the Owner does not comply with all provisions of the Restrictive Covenants.
6. Assessment if prohibited rental use by an Owner: The cost of enforcing the rental prohibition shall include all legal fees and other costs incurred by the Association as well as an assessment of $1,000 per month. These costs shall be added to and become part of the assessment to which the Lot is subject, and the Owner shall be personally liable to the Association for these costs. These costs shall be a permanent charge and lien upon such Lot enforceable to the same extent and collectible as provided in Article V, entitled "Covenant for Maintenance Assessments".
