RENTAL RESTRICTION AMENDMENT TO THE SHARON SOUTH HOMES ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

 

Article VIII, Section 3. Nuisance. No noxious or offensive activity shall be conducted upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Specifically, but without limitation, having the police visit any lot more than three (3) times in any twelve (12) month period, due to any annoyance or nuisance behavior, shall be a violation of this Section.

 

Article VIII, Section 7. Occupancy Restriction.

 

A. Notwithstanding any other provisions of the Declaration, Bylaws, Articles of Incorporation, and Rules and Regulations of the Association, each Lot that is conveyed to a new owner(s) after the date of the recording of this Amendment shall be occupied for a period of at least six (6) months immediately following the conveyance by an Owner and/or their spouse, and/or other persons related to the title owner and/or their spouse by blood, marriage, or adoption. Domestic partners and same-sex couples shall be considered related to the Owner so long as one of the individuals is a title owner. In the event the Lot is conveyed to an entity and not an individual, by way of example, a Limited Liability Company, S Corporation, C Corporation, partnership, or other similar ownership, the Lot shall be occupied for a period of at least six (6) months immediately following the date the Lot is conveyed to the new owner by one of the principles such as an owner, director, officer, manager, member, or partner (hereinafter, “Principles”). In addition to the limitation above, the total number of Lots permitted to be rented, leased, or otherwise occupied solely by non-Owners and persons that are not Principles is limited to twenty-five percent (25%) of the total Lots in the Association. The intent of the foregoing provisions of this Section 7(A) is to require individuals with a title interest in the Lot and the above mentioned related parties to occupy the Lot for the first six (6) months of ownership, and to strictly limit under all circumstances the total number of Lots that are rented or leased to a maximum of twenty-five percent (25%) of the total Lots in the Association.

 

B. The Owner of any Lot that is rented shall provide the Association with the following information in writing within ten (10) days of the Lot being rented. 1. The names of the authorized occupants; 2. The name, mailing address, phone number, and email address of the Owner(s); 3. The beginning and ending date of the rental term; and 4. The make, model, and license tag number of the two vehicles permitted under this Declaration for the Lot.

 

C. The number of occupants permitted on any Lot shall be limited to two (2) occupants per bedroom. For the purposes of clarity and to remove doubt, an individual occupies a Lot if they stay overnight more than any fourteen (14) nights in any thirty (30) day period.

 

D. Any Owner that rents their Lot shall conduct a 48 state criminal background check and a check to confirm no obligation to register as a sex offender or sexual predator upon each tenant prior to the tenant taking possession. The landlord shall provide a copy of the criminal background check and confirmation regarding the status of sexual offender and sexual predator registry requirements to the Board of Directors within five (5) days of the written request of the Board of Directors.

 

Article VIII, Section 8. Prohibition against sex offenders. No person listed as a registered sex offender or who is required to register as a sex offender within the state of North Carolina may be a member of the Association, own title to property within the Association, or reside on or occupy a Lot, unit, or dwelling within the Association. Similarly, no person adjudicated as a sexual predator may own title to property within the Association, occupy, or reside on a Lot, unit or dwelling within the Association. The clear intent of this strict prohibition is to prevent registered sex offenders, persons who are required to be registered sex offenders, and/or sexual predators from owning, leasing, occupying, or residing on any Lot within the Association.

 

Article VIII, Section 9. Half-Way House. No Lot within the Association shall be used as a halfway house, juvenile home, group home, detention center, detention home, temporary shelter, long-term shelter, institution, treatment facility or rehabilitation center of any kind. No Lot within the Association shall be used to house persons addicted to or recuperating from the effects of or addiction to drugs or alcohol or persons adjusting to non-prison life, including but not limited to pre-release, work release, probationary programs or juvenile detention. This Section is intended to prevent the use of property within the Association for, by way of illustration and not limitation, protection, detention, or rehabilitation of drug addicts, criminals, juveniles, homeless persons or other similarly situated persons. It is not the intent of this provision to prevent an Owner and/or their spouse, and/or other persons related to the title owner and/or their spouse by blood, marriage, or adoption from undergoing medical, therapeutic, rehabilitation or treatment at home.