Deeds of Restriction

• 2018 Amendment ARCDOR Fines Leasing.pdf
• Amendment Unit 6 Fines Leasing.pdf
• Amendment Unit 11 Fines Leasing.pdf

Rental Rules

Short Term Rental Restriction Approved by Community

Early this fall, your Board dealt with a subject of some concern. Several owners had raised the issue of short term rentals. Most of us have heard of them, perhaps you have used one of these services? Well known, these are the short term rental arrangements offered by internet rental service agencies such as AirBnB and VRBO. For a couple of days or a week, you may rent a room, condo or home. Sometimes for as short a stay as one night.

In Lee County, the County established an ordinance that restricts these types of rentals to no less than 7 days. Within Town and River however, we had several listings on the internet sites for much shorter periods.

Your Board reviewed the issues. In the process, we met with owners that were renting their homes on a short term basis. And we met with those that objected to the constant short term nature of their new neighbors. The Board sought a compromise position on the issue. We wanted to respect two positions – the right to maintain our single family neighborhood while providing owner’s with the ability to continue renting their properties.

After much research and discussion, your Board voted to bring what your Board believes is a good and legal compromise to the owners in T&R. The Board voted to hold a community-wide vote. To pass, the new rule would require a quorum of owners and a majority vote for each of our 3 Deeds of Restriction to make the new rule valid.

Your Board is pleased to announce the result of all 3 DOR votes was affirmative. Within this week, the new rule will be recorded with Lee County as part of each of our 3 DOR’s. As was written and recorded, the new rule will take effect exactly 365 days from the date of recording with Lee County.

The rule establishes a minimum rental period of 28 days or longer. Why 28 days? Because your Board recognizes that during “season”, many people rent for one month. We sought to be sensitive to the month of February. It is important to note that should you rent for a period of one month and a tenant move out early – that period of one month stands before you could rent again. Remember – one of our overriding concerns was to limit transient use of Town and River.

Again, knowing that “season” is a preferable period of rentals for “snowbirds”, the rule was drafted allowing four, 28 day or longer rental periods – essentially covering the most desirable winter month’s that properties are rented in SWFL.

Please note – those renting homes on an annual basis face no change.

The Board would like to thank all those involved in the process. We worked hard to provide every owner with access to the progression and to give them the ability to speak to their issues. Your Board sought our attorney’s advice to ensure we were following State Statute and complying with the State’s enforcement provisions in the writing of our rules. We will be using the next 12 months to establish that process and will once again seek the community’s assistance. And we will be alerting the community as we move forward.

Please note, in the very next few weeks your board will seek to further consolidate our community’s Deeds of Restriction into one. This was nearly completed in the early 2000’s. Only Unit 6 and Unit 11 remain outside of the larger consolidated DOR. We will be working with owners in Unit 6 and 11 in the coming weeks to assist those units in joining the larger community as a whole.

November 9, 2018