Instrument #2022025031 #45 Book:8196 Page:4816
complies with applicable land use and zoning requirements;(v)is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of others within the Community, as determined from time to time in the Board's sole discretion; and (vi)is not a daycare facility, child care facility, or assisted living/hospice facility. No signs shall be placed on any Dwelling or Lot which identifies the Dwelling or Lot as a place of business. For purposes ofthis section,"(B)usiness" shall have its ordinary, customary, generally accepted meaning and shall include, without limitation, any occupation, work,trade, or activity undertaken from time to time or on an ongoing basis which involves providing goods or services to persons other than the family ofthe producer and for which the producer receives a fee, compensation, or other form of monetary or non- monetary consideration, regardless of whether:(A)such activity is engaged in full or part-time;(B)such activity is intended to or does generate a profit; or(C)a license is required. This section shall not apply to restrict Declarant's or Declarant's affiliates' activities or those of a Builder, nor shall it restrict the activities of persons or entities Declarant approves with respect to the development and marketing/sale of property within the Community. This section also shall not apply to Association activities related to the provision of services or to operating and maintaining the Community, including the Community's recreational and other amenities. Leasing and Short-Term Rentals of a Dwelling are not a "business" within the meaning of this section. Temporary uses of Lots by Declarant and its affiliates or assigns (including Builders as may be designated by Declarant from time to time) for model homes, sales displays, parking lots, sales offices, and other offices or uses, or any one or combination ofthe foregoing, shall be permitted until permanent cessation of such uses takes place. No changes may be made in buildings or structures erected by Declarant or its affiliates (except if such changes are made by Declarant)without the consent ofDeclarant and the ARC as provided herein. (b) Owners shall be permitted to lease their Dwelling, provided that such lease shall require the tenant thereunder to comply with the Governing Documents and the terms and conditions of the Rules and Regulations. "Short-Term Rentals" (as that term is defined below) of Dwellings are prohibited. For purposes ofthis Declaration,the term "Short-Term Rentals" shall mean and refer to the leasing or rental ofany Dwelling or Lotto a person or entity for a period ofless than seven(7) consecutive months. Should an Owner enter into a lease or rental agreement, and said lease or rental agreement shall terminate or expire earlier than stated therein, then Owner may only enter into one more lease or rental agreement in the calendar year in which the previous lease or rental agreement terminated or expired. The subleasing or sub-renting of a Dwelling is subject to the same requirements and limitations as are applicable to the leasing or renting thereof. From time to time, the Association may request a copy ofany lease or rental agreement for the Association's records. Dwellings shall be leased in their entirety, and no individual rooms may be leased. Ifat any time,should the operation oflocal or state law supersede this paragraph or otherwise render it unlawful, Owner shall be required to file a copy ofall ofthe following with the Board prior to undertaking any Short-Term Rental:(i) Valid and current license for operation with the Division ofHotels and Restaurants ofthe Department ofBusiness and Professional Regulation;(ii) evidence, on an annual basis, ofthe property payment of all applicable taxes for the prior twelve (12) months or since inception; and (iii) letters of approval from the Owners of two (2) immediately adjacent Lots in support ofthe continued practice of Short-Term Rental on the subject Lot. All Owners are prohibited from listing or advertising their Residence, directly or through a third-party, as being available for short-term rental or license. Without limitation, this provision is intended to prohibit Residence use, listing and arrangement similar to and including those associated with AirBnB, VRBO and other short-term rental/license companies, applications and websites. Upon reasonable suspicion of violation ofthese provisions,the Board may require an Owner and/or Lessee to provide a notarized sworn statement, under penalty of perjury, affirming that the Residence is not, has not and will not be used for these purposes. Said affirmation must be provided in a form acceptable to the Board,in its sole discretion. Failure to provide said affirmation within fourteen(14)days ofsuch request by the Board shall constitute an independent violation of this Declaration and shall further establish a rebuttable presumption that the Lot Owner and/or Lessee has violated these provisions. The burden ofproving said rebuttal shall be borne
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