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Rentals
Frequently Asked Questions
Properties owned before August 14th, 2018 are eligible to be rented on a short-term basis. Any changes in title after that date disqualify properties from being rented short-term.
Download a Short-Term Rental Application and submit it to the Rentals Committee.
No. When the property changes ownership title, you can no longer rent short-term. Heirs to a deceased owner can no longer utilize the property as a STR because the name of the property will change.
We can only have 15 STR’s in the community. If we are capped out at 15, then you will have to wait until someone discontinues utilizing their property as a STR.
No, once the property ownership changes, you can not rent as a STR.
Yes. Anyone who has owned property before the Short-Term Rental Covenant Amendment was filed on August 14, 2018 can rent their property short-term. Those who purchased property after that date, or those who have since made a change to their property’s title, cannot utilize their property as a short term rental.
Short-Term Rental Application
Homeowners may apply to become short-term renters provided they meet certain conditions outlined below.
Long-Term Lease Addendum
Fairview Forest Homeowners’ Association shall be a party to any long-term lease for a property in Fairview Forest by completing the Fairview Forest Lease Addendum.
NC Vacation Rental Act
Owners considering renting their properties are encouraged to become familiar with the North Carolina Vacation Rental Act.
FFHA Restrictive Covenants: Section 8.17 - Rental and Leasing of Property
Introduction
Definitions
Short-Term Rental Cap
Prohibition on Short-Term Renting for New Owners
Eligibility for Short-Term Rental
Rental Committee
Waiting List
Settlement of Lawsuit 16 CvS-01306
Rules and Regulations
Introduction
In order to assure the community retains its residential character and to protect the value of the lots of Owners who are financially invested in and committed to preserving the current character of the community, the sale or renting of a property in Fairview Forest shall be subject to the following provisions. The purpose of this Amendment is to allow current owners to rent property on a short-term basis, with the understanding that such activity will be prohibited for owners purchasing property in the community after the date this Amendment is recorded.
Definitions
For purposes of this Section, “Long-term Rental” is defined as renting for a period of six (6) continuous months or more. “Short-term Rental” is defined as renting for a period of less than six (6) months.
Short-Term Rental Cap
After the date that this Amendment is recorded, no more than 15 properties shall be rented on a short-term basis, subject to the following provisions. There is no limit to the number of dwellings that may be under a Long-term Rental. All dwellings shall be rented only in their entirety; no fraction or portion may be rented including apartments, studios, or suites located outside the main dwelling, such as, for example, but not limited to, a garage apartment. Under no circumstances may a property be rented for less than 3 nights.
Prohibition on Short-Term Renting for New Owners
Any Owner who acquires property after the date this Amendment is recorded shall not be permitted to rent said property on a Short-term basis. Property may be owned by a corporate entity or trust. However, if an entity’s ownership interest changes (including by a transfer of shares to a new shareholder or by a change of membership to a new member) or a new trustee for a trust is appointed after the date this Amendment is recorded, then the property is considered conveyed under the terms of this provision and the entity or trust shall become ineligible to Short-term Rent the property. (The death of a shareholder or member does not constitute an event for a property to become ineligible to Short-term Rent as long as there are original remaining shareholders or members and new shareholders or members are not added. The transfer of shares to an original member also does not constitute an event for property to become ineligible to be used for Short-term Rental, nor does a member of an LLC ceasing to be a member constitute an event for property to become ineligible as long as there is an original member and no additional member has been added.)
Eligibility for Short-Term Rental
Owners that wish to offer their property for rent on a Short-term basis must submit the following information and documents to the Rental Committee:
- Notification that a property is being or will be offered for rental as well as the owner’s name, phone number, email address and rental property address;
- A copy of the rental agreement form;
- Copies of print and online information available to tenants; and
- Name, phone number and email address of local contact (if any) responsible for the property.
All owners who utilize their property for Short-term renting will confirm in writing to the Board the ownership status of the property by the end of January each year, and if they fail to do so the Board will send a reminder in writing to the property owner before initiating any enforcement action consistent with the applicable covenants and Planned Community Act.
Rental Committee
The Board of Directors shall appoint a Rental Committee. The Committee shall be composed of:
- 1 Board Member
- 2 Owners who rent their property (either on a Short-term or Long-term basis), and
- 2 non-renting Owners.
The Board of Directors will continue to manage enforcement of violations related to renting; however, the rental committee will collect information from owners who wish to rent their property and manage the waitlist described below.
Waiting List
All Members who own property in Fairview Forest as of the date this Amendment is recorded are eligible to rent their property. To be eligible, Owners must submit the requisite documentation to the Rental Committee in order to offer their property for rent on a short-term basis. However, if the cap described above has been reached, then an Owner shall be added to a waiting list. The list will be managed by a Rental Committee. If an Owner who is approved for Short-term renting opts to discontinue offering their property for rent on a Short-term basis or is no longer eligible to offer the property for rent on a Short-term basis, the next Owner on the waiting list will be notified by the Rental Committee that they are thereafter permitted to offer their property for rent on a Short-term basis.
Settlement of Lawsuit 16 CvS-01306
As per Settlement of Lawsuit 16 CvS-01306, ten properties controlled by Plaintiffs shall be ten of the fifteen properties that can be used for Short-term Rental. These ten properties, listed below, shall be subject to the 2013 Rental Rules only, until each property may no longer be used for Short-term Rental pursuant to this Amended Covenant and these lot owners’ rights may not be modified or impinged by subsequent amendments to the restrictive covenants, rules or regulations unless agreed to by the particular lot owner. In addition, these ten properties shall be allowed to be used for a three night minimum rental period, and this right may not be modified or impinged by subsequent amendments to the restrictive covenants, rules or regulations unless agreed to by the particular lot owner. However, the right of these ten properties to be used for Short-term Rental will phase-out pursuant to the terms of this Amended Covenant, may not be rented for less than a three night minimum, may only be rented out in their entirety, and will be subject to enforcement of violations related to renting. List of Properties:
- 24 Dogwood Forest Rd
- 69 Chestnut Forest Rd
- 58 Hickory Forest Rd
- 70 Hickory forest Rd
- 53 Maple forest Rd
- 63 Maple Forest Rd
- 98 Maple Forest Road
- 42 Prayer Ridge
- 51 Red Oak Forest Rd
- 2 Rock Springs Lane
Rules and Regulations
The Board of Directors shall have authority to promulgate rules and regulations related to the provisions contained herein, subject to those limitations in the Paragraph above and all other preceding paragraphs.
FFHA Regulations: Rules for Short- and Long-Term Rentals
Introduction
General
Definitions
Limitations on Short-Term Rentals
Prohibited Rentals - Short- and Long-Term
Long-Term Rentals and Leases
Approved Short- and Long-Term Rentals Requirements
Introduction
The rules in this section are promulgated and adopted under the authority given to the board in Restrictive Covenants Article 8.17, Rental and Leasing of Property. Fairview Forest is an established single-family residential community. Given Fairview Forest’s proximity to Asheville and the continuing growth of tourism in our area, the demand for tourist and vacation accommodations has increased. This led to the dedication of some residences in Fairview Forest as short-term rental housing. The community deemed it necessary to limit the number of properties to be used as short term rentals and authorized the board to make rules and guidelines in order to ensure the unique character and lifestyle of our community and to preserve the peace, safety, and welfare of our resident owners.
General
- All property owners in Fairview Forest who rent out their residences, short-term or long-term, are personally responsible for the actions of those to whom they rent their residences.
- Compliance with these regulations may be enforced under the Restrictive Covenants, Article 12, Enforcement.
Definitions
- Property owners offering a property for rent shall be referred to as the owner.
- The party renting the property shall be referred to as the tenant.
- Short Term Rental is defined as a lease for and occupancy by a tenant of a residence for at least 3 nights and less than 6 months.
- Long Term Rental is defined as having a lease for and occupancy of a residence for 6 months or longer.
Limitations on Short-Term Rentals
- No more than fifteen (15) residences at Fairview Forest may be used for, en-gaged in, or leased as short term rentals at any one time.
- The Rental Committee shall consider applications from individual owners for use of their residences as short-term rentals in the chronological order that they are received by the Rental Committee. The application is available on the FFHA website and should be completed and sent to the FFHA to the attention of the Rental Committee by email. These applications must come from the owner of a residence. Once the Rental Committee reviews and conditionally approves the application, the owner will be placed on the approved list of short term rentals provided that within 60 days after conditional approval the owner provides the Rental Committee a copy of the rental agreement form, copies of print and online information available to tenants, and the name, phone number and email address of the local contact responsible for the property, and the property becomes fully operational as a short term rental. If an owner is unable to provide all required documentation and /or is unable to be fully operational within the 60-day period, the owner shall be removed from the approved list and shall be prohibited from reapplying for 60 days from the date of removal. The opening will be made available to the next applicant, or if there is already a waiting list, then the first owner on the waiting list. All owners who utilize their property for short-term renting will confirm in writing to the Board the ownership status of the property by the end of January each year, and if they fail to do so the Board will send a reminder in writing to the property owner before initiating any enforcement action consistent with the applicable covenants and Planned Community Act. For purposes of these Rules and Regulations, “fully operational” shall mean that the owner is actively offering the property for short term rental on a full-time basis throughout the year on one or more websites customarily used by owners of short term rental properties (e.g. Airbnb, VRBO) or a local management company (e.g. Yonder, Carolina Mornings).
- If the short-term rental cap of 15 properties has been reached, then an owner who desires to rent such property shall be added to a waiting list. The waiting list will be managed by the Rental Committee. In order for a homeowner to be put on the waiting list, the owner must submit an application to notify the Rental Committee of the intention to offer his or her home as a short-term rental. The application is available on the FFHA website and should be completed and sent to the FFHA by email. Once the Rental Committee reviews and conditionally approves the application, the owner’s name will be put on the waiting list in the order received. If an owner who is already approved for short-term renting opts to discontinue offering his/her property for rent on a short-term basis, or is no longer eligible to offer the property for rent on a short-term basis, the next owner on the waiting list will then be notified by the Rental Committee that he/she is thereafter permitted to offer his/her property for rent on a short-term basis, provided that within 60 days from the date of such notice the owner submits the rest of the required documentation listed above and in the Covenants and becomes fully operational as a short-term rental. If that owner fails to provide all of the required documentation and/or is unable to be fully operational within the 60-day period, the owner will be removed from the waiting list and the opening will then be offered to the next homeowner on the waiting list.
If an owner stops using the residence for short-term rental purposes or if ownership of the lot on which the residence is located changes through sale, conveyance, bankruptcy, foreclosure, or any other manner, then the residence will be immedi-ately declassified as a short-term rental, and, assuming that there is a waiting list, the first owner on the list will be allowed to do short- term rentals. The privilege to engage in short-term rentals is not in any way transferable. The Association may charge an administrative management fee to short-term rental owners. Immediately upon ceasing to use a property as a short term rental, the owner shall give written notice of same to the FFHA via email.
Prohibited Rentals - Short- and Long-Term
- Rentals of Unimproved Property: Unimproved property is defined as property on which there is no residence. No such property shall be rented for any purpose. However, if a property owner who purchased unimproved land before the recording of the covenants later chooses to build a home on that property, he/she will be allowed to offer the property for short term rental.
- Rentals for Commercial Operations: No property shall be rented to conduct commercial operations to the same limits as defined in the Restrictive Covenants, Article 8, Restrictions, Section 8.1. Resi-dential property. Owning real estate through a business entity, such as a corpora-tion, trust or partnership for the purpose of renting is not permitted.
- Rentals for Camping and/or “Wilderness Experiences”: Properties shall not be rented to conduct camping or “wilderness experiences.”
- “Bed and Breakfast” Rentals: “Bed and Breakfast” rentals are not permitted. They are defined as rentals of individual rooms or suites within the same house. Therefore, “Bed and Breakfast” rentals are specifically prohibited, regardless of the availability of food services in the facility.
- Timeshares: Timeshares, properties with Fractional Ownership, are defined as a form of shared property ownership, in which rights vest in several owners to use property for a specified period each year. Timeshares are not permitted.
- Other Restrictions and Enforcement
- Enforcement shall be in accordance with the Restrictive Covenants, Article 12, Enforcement.
- Effective February 1, 2016 a system of complaint reporting and review of violations of the Code of Conduct
of Rental Standards has been enacted. - The right to be an Approved Short-Term Rental is not transferable when the property sells or the title is
transferred.
Long-Term Rentals and Leases
Long-term rentals are defined as those rentals that are for a term of six months or more.
Any rental that has a lease document specifying a lease term of six months or more shall comply with the following requirements:
- The owner shall provide the tenant with copies of the Restrictive Covenants and the Regulations.
- The owner shall provide the Association with the name, address, phone number and email address of the tenant.
- Fairview Forest Homeowners’ Association shall be a party to any long-term lease for a property in Fairview Forest by the owner and tenant completing and signing the Fairview Forest Lease Addendum, which is available at the FFHA website.
Approved Short- and Long-Term Rentals Requirements
- All Renters must agree to abide by the established Rental Code of Standards, outlined below:
- Pets (if allowed by the owner) shall be leashed when outdoors per Buncombe County law.
- Outdoor fires, including bonfires, campfires, fire circles and chimneys are prohibited.
- Fireworks are prohibited.
- Owner’s rules regarding use of cooking grills shall be detailed in the Rental Standards document.
- To limit animal intrusion, trash shall be put out for pick-up by the county-contracted trash service only on the day of scheduled pick-up. Where appropriate, trash should be picked up by the owner’s private vendor from a secured location. The owner is responsible for cleanup of strewn trash originating on the property.
- Rental site shall have a prominent, legible (but not commercial) road number sign and tenants shall be provided with details and accurate instructions for location of property to avoid having tenants disturbing neighbors.
- Tenants shall not display signs, balloons, etc. at the rental site or anywhere in Fairview Forest.
- Owners shall provide adequate on-site parking and Tenants shall not park on any portion of a road.
- Tenants shall use the cul-de-sacs at the end of the side roads to turn around.
- Rental sites are in a private community where people value their privacy. Tenants shall be informed to respect neighbors’ privacy when using the roads for walks. The 30+ acres of greenway (Arrowhead Trail) owned by the Association is available to tenants for hiking.
- Tenants shall be informed of the Buncombe County noise ordinance and not create any unreasonable loud, disturbing, and unnecessary noise.
- With respect to short-term rentals, every year during the month of October, but no later than October 31, the owner shall provide the Association’s Secretary with any revisions to:
- the rental agreement form
- print and online information available to tenants
- addresses of websites used to market property d. name, phone number and email address of local contact responsible for the property. This contact shall be available 24/7/365 for renter emergencies and for contact via FFHA officials.
- The owner shall provide tenants and potential tenants full disclosure as to the nature of the community in:
- print literature
- on rental website, if a short-term rental
- in the property’s Rental Standards document
- Recommendations for the owner:
- Become familiar with the North Carolina Vacation Rental Act (NCGS 42A). It is available online.
- Become familiar with requirements for collecting and paying North Carolina State and County Sales Tax on rentals.
- Check with your insurance agent regarding landlord insurance including liability insurance.
- Consider hiring a local contact, a cleaning service and a private trash pick-up service.
Committee Responsibilities
The Rentals Committee is primarily responsible for collecting information from owners who wish to rent their property and managing the waitlist.
- Provide a point of contact for owners who rent their properties.
- Review, accept/deny and maintain all applications for short term rentals.
- Maintain records for each STR including application and all required
documentation. - Keep track of and ensure maximum STR is not exceeded.
- Maintain a wait list if necessary for STR.
- Review and maintain all long-term lease addendums.
- Enforce all Rental Covenants & Regulations including Short-Term and Long Term.
- Notify all residents of violations regarding STR and LTR
- Work the Legal Matters Committee on enforcement, when necessary.
- Maintain a file on owners who rent their properties for both STR and LTR.
- Each January ensure all owners who operate STR’s have confirmed the ownership status of their property and remind them if they fail to do so before initiating enforcement action.
Committee Members
Brea Gratia
Committee Chair, STR Property Owner
David Bennert
STR Property Owner
Mark Starkman
Bill Romanelli