BFCA Rule: Non-Resident-Owner, Multiple-Family Residences andRentals

WHEREAS, there have been several incidents and/or issues of concern relating tomultiple-family residences and rentals leased by non-resident owners which would tend to bearupon both the structural safety, as well as the inherent functionality, of the communal integrity ofthe Blairstone Forest Community Association (BFCA), and,

WHEREAS, these incidents and/or issues have resulted in a deterioration in the quality-of-life for other Forest residents, and,

WHEREAS, the numerous transitory residents and guests associated with non-resident-owner, multiple-family residences and rentals has made it very difficult for the NeighborhoodCrime Watch and Forest residents to know who their neighbors are, for purposes of being able tonotify the police of suspicious persons or activities, and,

WHEREAS, the BFCA Board determines that the absence of an on-site owner with avested interest in the neighborhood to moderate and mitigate incidents involving multiple-familyresidents and guests has had a detrimental impact on the neighborhood as a whole, and

WHEREAS, Article II, Paragraphs 4 and 5 of the Restrictive Covenants of BlairstoneForest Unit 3 (August 9, 1984, as amended July 16, 1985), provide (emphasis added):

4. Use as Private Single Family Residences

No home or house constructed on any individual lot shall be occupied or used except for singlefamily residential purposes by the individual lot owner. This section is specifically intended and designedto prevent or prohibit the use of homes or houses constructed on individual lots from being used astransient lodging facilities. Casual or social guests of the individual lot owner may utilize or live in suchhomes for an extended period of time so long as the owner of the individual lot is also currently living inthe home. The Grantor hereof may, however, the above notwithstanding, use such houses or homes formodel homesites and display and sales offices.

5. Right to Lease

The respective home upon any individual lot shall not be rented by the owners thereof fortransient hotel purposes which shall be defined as rental for any period less than ninety (90) days. Otherthan as set forth in this paragraph, and above , the right of any individual lot owner to lease their homeand individual lot shall not be abridged or restricted by these covenants.

and,WHEREAS, the restrictive covenants clearly prohibit: the establishment of multiple-

family residences and rentals by owners not currently living in their home; and, rentals forperiods of less than ninety (90) days, and,

WHEREAS, the Board believes that additional guidance would serve to clarify thesecovenant requirements and encourage compliance by non-resident owners,

NOW, THEREFORE, pursuant to the rulemaking authority granted in Article V,Paragraph 1.A. and Article IX, Paragraph 1 of the Restrictive Covenants, and Article VII,Section 1.C. of the Association By-Laws, as amended and certified April 23, 1985, the Boardhereby declares that:

1) Article II, Paragraphs 4 and 5 of the Restrictive Covenants prohibit a non-resident owner from renting or maintaining a multiple-family residence; the Forestis a single-family residential community.2) In the absence of a current, on-site, resident owner, the only person(s) whomay live in a Blairstone Forest home is/are:

a) One adult;b) Two or more persons related by blood or marriage; or, c) Domestic partners, and the blood relatives of either partner, and,d) Dependents of any of the foregoing, meaning someone who is:

d.i) A biological, adopted, or foster child;d.ii) A dependent, as defined under IRS regulations; or,d.iii) A ward, as determined in a guardianship or legal proceeding.

3) A rental property must be rented to the same tenant for at least 90 days.

ADOPTED: June 4, 2013.

SIGNED: _________________________________Mark Okasako, BFCA President