Ocean Hammock Property Owners Association Single Family Residence Rental Procedures And Rules for 2017 Below are the procedures and rules updated for 2017 for short and long term rentals of single family residences located in the Ocean Hammock Community. They do not apply to the condominiums in Cinnamon Beach. They were developed to be consistent with the Amendments adopted at the 2013 Annual Meeting and recorded with Flagler County on December 13, 2013. These updated procedures and rules will become effective on January 1, 2017 and augment the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Ocean Hammock (the Master Declaration ). The Cinnamon Beach Condo Association has the authority to establish its own occupancy and rental regulations for the condos in coordination with the Ocean Hammock POA. In 2015, Flagler County adopted its own ordinance regarding short term rentals. The ordinance addresses a number of areas and establishes a maximum occupancy per house. It should be noted this occupancy level does not supersede the Association s maximum overnight occupancy. Owners must ensure they are in compliance with both County and Association rules. There could be changes to these procedures and rules to ensure compliance with governmental bodies as required by our Master Declaration. In addition, the Association will be using e-mail to communicate with the owners. Therefore, anyone renting their single family residence must be signed up to receive e-mail notifications from the Association. This will ensure you receive timely notification. 1
Effective January 1, 2017, per the Amendments noted above (i.e. Article X, Section 2 of the Master Declaration), the short term rental of a single family home will only be permitted up to three (3) times within a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less (the Short Term Rental Restriction ). This limitation does not apply to homes located within Cinnamon Beach. The Short Term Rental Restriction which becomes effective in 2017 has led to numerous changes in these procedures and rules. They have been separated into General Procedures and Rules applicable to all single family residence rentals in the Ocean Hammock community and Additional Procedures and Rules which are applicable to single family residence rentals located outside of Cinnamon Beach. The OHPOA website (http://www.ohpoa.com) will be updated throughout the year to include all available information related to rentals, including an updated listing of the 2017 registered rental homes and property data. In addition, all forms utilized in this process will be maintained there. General Procedures and Rules (Applicable to all single family residence rentals) 1. Prior to renting a house in any year, an Owner must register the property with the OHPOA. This is accomplished by submitting a completed Ocean Hammock Registration Application for Rental of Single Family Home Form ( Registration Form ). If an Owner uses a rental agency to perform the activities associated with renting the property (an Agent ), the Agent must also sign the Registration Form. Electronic signature(s) will be accepted for the submission of this form. If electronic signature is utilized, it will have the same legal effect as a wet signature. 2. The annual registration fee for 2017 will remain at $125. The funds will be used to cover the costs associated with the processing and administration of rentals. 2
3. All Owners that rented their property in 2016, and those new Owners that intend to do so in 2017, have until December 31, 2016 to renew or initially register their property with the OHPOA. The Registration Form along with a check for $125 per property payable to the OHPOA should be sent as soon as possible, to the address at the bottom of the form. Owners of single family rental properties not available for rent until later on in 2017 must submit the completed Registration Form with the fee thirty (30) days prior to their first rental. Registration of rental homes is an annual process. 4. Once the Registration Form is reviewed by the Association, a letter will be sent to the Owner that includes the verified number of bedrooms, as well as the maximum number of overnight occupants and overnight vehicles permitted at the property. The purpose of this acknowledgement is to ensure the rental complies with the Association s Master Declaration covenants and restrictions on rentals along with all applicable Flagler County rules and ordinances. Verification will be determined by the Association upon review of the Registration Form submitted by the Owner, in conjunction with a review of the originally approved ARB plans and the Flagler County Building Permit Application, and a visual inspection of the property, as well as the maximum occupancy permitted by Flagler County. In the event the ARB and County records are in conflict, the Association will rely on the originally approved Flagler County Building Permit Application or final floor plans submitted to the County. Included with the letter will be a copy of the Registration Form signed by the Association for the Owner s records. The information contained in the letter will be added to the List of Registered Single Family Rental Homes. 5. In the event the Registration Form is not processed because of incomplete or inaccurate information, or for other reasons covered in these procedures and rules, the Association will notify 3
the Owner by email. The email will provide an explanation of why the Registration Form could not be accepted. 6. In the event the Owner or the Agent has any questions or concerns regarding the information referenced in paragraphs 4 or 5 above, the Owner and/or Agent should contact MAY Management Services by emailing Chris Abdalla at cabdalla@mayresort.com. A date and time to discuss the Owner s questions or concerns will be scheduled. If the Owner prefers a hearing on the matter, it will be conducted in the manner specified in paragraph 21 below. 7. In order for a property to be placed on the List of Registered Single Family Rental Homes, as well as remain on the list, the Owner s property must at all times be in good standing with the Association. Good standing refers to full and complete compliance by the Owner and the Agent with all relevant covenants, rules and restrictions of the Association as set forth in the governing documents for the community, as well as compliance with the Homeowners Association Act, codified in Chapter 720 of the Florida Statutes. Good standing further includes, but is not limited to, all monetary obligations due the Association remaining current and paid, and that information provided to the Association by the Owner or the Agent regarding rentals is accurate and timely. 8. The rental Owner or the Agent must provide a fully completed Rental Notification Form to the OHPOA seventy-two (72) hours prior to the beginning of each rental. Information on the form will detail the type of rental, the rental period, rental party contact information, as well as the number of overnight occupants (names, city/state of residence and dates of overnight occupancy) and vehicles. This form must also be signed by the primary contact of the rental party. Electronic signature will be accepted for the submission of this form. It is imperative that the dates of overnight occupancy be noted and any day guests be identified. 4
9. If a rental guest presents himself/herself for community access and a complete Rental Notification Form is not on hand with the Guard, especially regarding names and overnight occupancy details, the renter will be given the form to complete, required to leave the entry lane, and asked to return when the form is completed. This will ensure the accuracy of the necessary rental information as well as speed up entry for all residents, visitors and renters. 10. In addition to providing the Rental Notification Form, the rental Owner or the Agent must ensure that an occupant in each vehicle entering the community has been registered into the gateaccess.net security system and provided with a Fast Access Pass. This is critical to making entry for renters and everyone else fast and efficient. 11. In the event the Owner has not registered the property or the property has been removed from the List of Registered Single Family Rental Homes for noncompliance with these procedures and rules, or the overnight occupants or vehicles exceed what is permitted at the property, or the Owner has not complied with the rules and procedures contained herein, access to the property by the rental party may be denied. At all times, the Owner of the property is responsible for the actions of the rental party if there is a violation of the Master Declaration, these rules and procedures, or the Ocean Hammock Rules & Regulations provided to all renters. In addition to denying access, the Association may take steps to levy fines, suspend the use rights of the property s occupants and their invitees, and/or seek legal action against the Owner and/or the Agent to compel compliance. 12. Regarding parking at rental homes, please refer to the Ocean Hammock Parking Rules and Regulations which are applicable to the entire Ocean Hammock Community. The intent of these rules is to ensure we maintain the single family characteristics of our Community. 5
13. If advertising a rental home, an Owner or Agent must ensure the number of overnight occupants and vehicles permitted at the property that are described in the advertisement do not exceed the maximum number of overnight occupants and vehicles permitted per the Registration Form. Periodic audits of advertising will be performed throughout the year. In the event an advertisement overstates the maximum overnight occupancy or permitted vehicles, the matter will be referred to the Inspection Support Committee. 14. The Association prohibits the renting of single family residences for weddings, corporate meetings or events of a similar nature. 15. The Board reserves the right to change and modify these procedures and rules in the future. 6
Additional Procedures and Rules (Applicable to single family residence rentals located outside Cinnamon Beach) These Additional Procedures and Rules were developed to address the Short Term Rental Restriction contained in Article X, Section 2 of the Master Declaration. As previously noted, the Short Term Rental Restriction limits the short term rental (defined as a rental period of less than thirty (30) days or one (1) calendar month, whichever is less) of single family homes located outside of Cinnamon Beach to three (3) times in a calendar year. Recognizing the importance of this limitation to the Ocean Hammock community, the Association will establish procedures to track rentals of properties located outside Cinnamon Beach. It is the responsibility of the Owner and/or Agent to respond immediately to Association requests for information or to immediately contact the Association if any information provided by the Association is inaccurate. 16. The Owner or Agent must provide a full and complete copy (including rental cost) to the Association of every rental agreement (both short term and long term) for a property located outside Cinnamon Beach. Copies of the agreements must be provided to the Association within seven (7) days of being entered into. 17. Any 2017 rental agreements entered into prior to returning the Registration Form to the Association should be sent to the Association with the completed Registration Form and the 2017 annual registration fee. 18. Throughout the year the Association will monitor websites to determine future or pending rentals of properties on the List of Registered Single Family Homes. If the Association has any questions from this monitoring they will be sent to the Owner and the Agent by email. The Owner or Agent will provide any clarification, in writing, within three (3) business days of the Association s email. 7
19. The Association will keep a listing of completed and pending or future short term rentals by property. If at any time during a calendar year there are three (3) completed or pending short term rentals, the Association will email the Owner and the Agent. 20. After the third short term rental begins during a calendar year, the Association will notify the Owner and the Agent with the dates of the three (3) short term rentals and that no additional short term rentals will be permitted for the calendar year. The email sent to the Owner and the Agent will state that anyone seeking access to the Owner s property for purposes of an additional short term rental will not be given access to the property. 21. If at anytime the Owner or the Agent disputes or has any questions regarding any information contained in an Association email, the Owner or Agent must contact the Association in writing within three (3) business days of the Association s email. The Owner or Agent must specify the point being disputed and either provide clarification in writing, and/or request a hearing on the matter. Following the hearing, which will be held by the Association s property manager and two (2) Association Board Members, the Association will issue its decision. The Owner agrees the Association s decision will be final. 22. The failure of the Association to provide any of the above email notifications will not permit an Owner to have more than three (3) short term rentals in a calendar year. 23. Effective January 1, 2017, if a short term rental begins in one year and ends the next year, the rental will be considered a short term rental for the year in which the rental begins. For example, a rental that begins on December 30, 2017 and which ends on January 6, 2018 will be considered one (1) short term rental for 2017. 24. The Board reserves the right to change and modify these Additional Procedures and Rules in the future. 8