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PROPOSED CHANGES TO OWNER, RENTER, AND VACATION RENTER POLICY, RULES, AND REGULATIONS
TKPOA Operating Rules Article 2, Section 200
Proposed additions are indicated in Red with an underline while removed items are indicated in Red with a strikethrough. The Board will review the proposed changes for potential adoption at the December 13th, 2023, Regular Board of Directors Meeting. These changes were noticed for a 28-Day Membership Review Period on the TKPOA Website, www.tkpoa.com, on November 1st, 2023.
Article 2 Association General Rules
To further clarify Architectural Control Rules
SECTION 200: OWNER, RENTER, AND SHARED HOME RENTAL POLICY, RULES, AND REGULATIONS
(Adopted March 18th, 2016; Effective March 18th, 2016; Revised August 18th, 2018)
Whereas, the Tahoe Keys is a private family-oriented, residential community that is located in a scenic and quiet environment. The close proximity of the residences in the Tahoe Keys increases the likelihood that disruptive behavior will impact other residents; and
Whereas, the Tahoe Keys is administered and managed by a Property Owner’s Association, herein referred to as ‘TKPOA’; and
Whereas, a large number of properties within the Tahoe Keys are offered as rentals through Rental Agencies and/or Rentals by Owner or through other agencies or by other methods; and
Whereas, the City of South Lake Tahoe has Ordinance 2020XXX adopted on November 17th, 2020 which amends City Code Chapter 6.55 to add Section 6.55.295 to Establish Rules for Hosted Rentals which requires anyone who leases their property in the City for hosted rentals is required to register and obtain a business license and hosted rental permit from the
City and must comply with the following regulations :
• The maximum number of guests allowed in a hosted rental shall not exceed two people per hosted bedroom and shall not exceed six total guests. Limit of vehicles associated with the hosted rental use is determined by the number of paved off-street parking spaces dedicated for use by hosted rental guests, not to exceed two vehicles. The homeowner or tenant must be available by telephone to respond to complaints regarding the hosted rental and shall be available to respond in person to complaints within sixty minutes.
• Events such as weddings and receptions are prohibited.
• Licenses must be renewed annually.
Violation of the City of South Lake Tahoe Hosted Rental requirements may subject the owner to penalties, fines, and/or revocation of their hosted rental permit; and
Whereas, the TKPOA Governing Documents provide TKPOA with the authority to fine and impose other disciplinary actions on property owners for violation of the TKPOA governing documents by themselves, their tenants and vacation renters; and
Whereas, the TKPOA CC&Rs prohibit conduct, which violates statutes, ordinances and laws, which includes the Hosted Rental Restrictions imposed by the City of South Lake Tahoe; and
Whereas, the activities of owners, renters, and vacation renters frequently interfere with the quiet enjoyment of nearby residents in the community; and
Whereas, the goal of implementing this policy, and rules and regulations, is not to punish owners that are using their properties as rentals, but rather, it is intended to modify the behavior of the renters to be more respectful of the TKPOA's community, to observe the rules and regulations, and to create a peaceful environment; and
Whereas, TKPOA incurs substantial costs in dealing with monitoring and enforcement of TKPOA governing documents;
Now Therefore, TKPOA hereby adopts the following Policies, Rules and Regulations:
1. All owners of hosted rentals in Tahoe Keys must register with the TKPOA administrative office and secure an annual “TKPOA Shared Home Rental Permit” for their property in order to operate a hosted rental property within the Tahoe Keys. The permit, which has an annual fee, must be displayed in a front window of the rental property. Permits are not transferrable. Nuisance violations will be tracked on a rolling 24 month period. Failure to register a hosted rental with the TKPOA administrative office is a violation, and subject to potential member discipline and fines.
2. All owners, renters, and vacation renters in Tahoe Keys must comply with the City's Hosted Rental Ordinance.
3. All owners, renters, and tenants must comply with the TKPOA governing documents including provisions which prohibit "nuisance" behavior and set forth rules concerning vehicles, boats, trailers, parking and use of docks and lagoons;
4. Each rental shall have and display a Rental Placard which may be obtained from the City of South Lake Tahoe;
5. No hosted rental may exceed the occupancy limits as set forth by the City Code.
6. The number of vehicles shall not exceed the number set forth in the City of South Lake Tahoe Rental Placard and shall only be parked in spaces designed for the property being rented;
7. Trash Disposal a. Townhouse dumpsters are for the exclusive use of the townhouse owners and their authorized renters. Only household trash can be placed in the Townhouse dumpsters, no large items may be disposed of in these dumpsters. a. Owners of single family homes are reminded that curbside trash is on Fridays and are responsible for informing their renters and guests to not place trash at the curb prior to the scheduled pick-up day. Trash containers may not be placed at the curb until 6:00am Friday morning. Owners will be financially responsible for any trash left out early that has to be picked-up by Association Staff at the current rate set forth in the TKPOA Fee and Fine Schedule. Owners may also be subject to a fine for violation of trash pick-up rules. a. Rental and cleaning agencies hired by homeowners may not utilize the townhouse dumpsters. No large or construction debris may be placed into or left next to the Townhome dumpsters. Owners may be subject to a fine for improper or prohibited use of Association dumpsters.
8. Tahoe Keys has adopted this Policy for enforcement of following our Rules and Regulations; the following conduct is prohibited: a. Excessive, disruptive or objectionable noise including noise levels in excess of what is permitted by applicable laws after 10:00pm on weekdays and weekends; b. Use of pools, spas, and hot tubs with the use of jets, blowers, and other mechanical elements that produce noise are prohibited between the hours of 10:00pm and 7:00am; c. Speeding in excess of 5 miles per hour (mph) or causing a wake which could cause damage to adjacent properties while in a TKPOA lagoon or waterway; d. Loud music from a watercraft while in the TKPOA lagoon or waterway; e. Indecent exposure; f. Trespassing, including but not limited to boat docks; g. Drunk or disorderly conduct; h. Destruction of private property; i. Harassment of residents or TKPOA staff or other conduct that is an unreasonable annoyance to the neighborhood; j. Allowing dogs to be "off leash" and failure to pick up and properly dispose of pet waste.
9. In the event TKPOA determines that a potential violation of this Policy has occurred, the owner and if applicable the tenant will receive a notice of hearing as provided in the TKPOA governing documents – and as more specifically described in the TKPOA Fine Policy.
10. TKPOA will notify all TKPOA Members and all Rental companies that this policy is in effect. The notice will include a recommendation that each member owning a rental property in the Tahoe Keys should include in the terms of their rental agreement that any fines may be passed along to the renter. It will also recommend that each rental agreement should include a deposit to cover any possible fines that may arise.
Note: The Rules and Enforcement Committee is currently reviewing violation enforcement procedures.
The proposed 2024 Fine Schedule includes a Fine Policy that outlines current enforcement procedures for automatic Board hearings for illegal rental violations and commercial business violations. This new proposed Fine Policy includes a change in current enforcement procedures for nuisance violations to include 1 warning notice for the first violation and a Board hearing for additional violations.
Members may submit their comments to Operations Manager Heather Blumenthal at heather.blumenthal@fsresidential.com”