Hardwick Mountain Property Owners Association
Minutes of Board Meeting held on 08/10/17 at 5:30 P.M. at the former Montagna residence
Present: Jeremy Cole, Kai Dozier, Mark Hogan, Steve Hovanic, Carl Prober (Susan Jammé was unable to attend)
1.) New Business Items:
Airbnb: Kai opened the meeting with some background information relative to Airbnb rentals; a brief summary of his comments follows:
Since short-term property rentals (Airbnb being the most notable at the present time) are becoming more and more of an issue to be dealt with by cities, towns, and homeowner associations it is felt that the Board should be as proactive as possible in determining what Hardwick Mountain’s response might/should be.
More specifically, one property owner has been listing their basement apartment on the Airbnb website for several months, having hosted a fair number of guests during that time.
Orange County’s position is that short-term rentals (defined as being less than 30 days) must have the property owner residing on the property, as well. (Conventional [month-by-month or leased] property rentals are not affected.)
The Hardwick Mountain Property Owners’ Association Restrictive Covenants state that no business or commercial activity (other than professional use) shall be conducted on any property.
After a period of considerable discussion it was agreed, as of first importance, to meet with an attorney to obtain a legal opinion as to whether short-term property rentals would be considered as business or commercial activity. If so, then renting out one’s home in such a manner would be prohibited. If, however, the legal opinion is such that the wording of the Restrictive Covenants would allow such uses, then the dynamics of the situation would be entirely different.
After receiving a legal opinion, some members of the Board will meet with the property owner referred to earlier and advise him of the status of his Airbnb listing. In any event, all property owners will be polled as to their preference; there could conceivably be enough support to allow the Restrictive Covenants to be amended (either for or against) to specifically address short-term rental issues.
2.) Treasurer Items
Unfilled Position: Although Jeremy had previously resigned his position as Treasurer (as well as serving on the Board), he continues to handle Treasurer responsibilities until a replacement has been found. Jeremy noted that he has not yet spoken with John Barnhill, but will try to arrange a meeting with him soon, as John had expressed an interest at the Annual Meeting in serving as Treasurer.
Past Due Assessments: Jeremy noted that only two property owners are past due in payments. These owners are chronically late, but have always continued to make payments.
3.) Officers:
By unanimous consent, it was agreed to maintain the current slate of officers (with the exception of the unfilled Treasurer position) for the upcoming year, i.e.:
President - Kai Dozier
Vice-President – Carl Prober
Secretary – Steve Hovanic
4.) Stray Gunfire Rounds – Update:
At the recent Annual Meeting, concerns were raised by at least two property owners regarding stray gunfire rounds landing on their property. It was determined that the shots were fired from a residence not on Hardwick Mountain. The property owners contacted the party doing the shooting, but had only limited success in getting the shooting to be conducted more safely. Immediately after the Annual Meeting, the Sheriff’s Department was contacted; a member of the Department then paid a visit to the shooter’s residence to discuss the situation. As of this date, there have been no more incidents.
There being no further business, the meeting was adjourned.
Respectfully submitted,
Steve Hovanic, Secretary
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