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RENTALS IN HIDE-A-WAY
HILLS, OHIO
REGARDING SHORT-TERM RENTAL LAW SUIT
The facts are
that at the August 17, 2003 annual meeting, Issue 3 was passed. Issue 3
prohibited short-term rentals for less than 31 days. In October of 2003, several
members of Hide-A-Way Hills Club joined together and sued the Club. In May of
2004, those members were successful in obtaining an injunction prohibiting the
Club from enforcing Issue 3. The Plaintiffs also sought other relief which, if
granted by the Court, would prohibit us from restricting and monitoring
short-term rentals under any circumstances, and, in addition, would have opened
up all of our facilities for use by short-term tenants.
At that time,
the Board made a policy decision that it was important to restrict the further
expansion of short-term rental activities, to be able to monitor short-term
rentals in the Hills, and to be able to enforce our rules and regulations
against short-term tenants. We could not risk losing that ability. Accordingly,
last summer we commenced discussions with Plaintiffs to attempt to arrive at a
negotiated settlement.
The negotiations have been successful, and the
Board has entered into a settlement agreement with the Plaintiffs, which will
resolve the litigation. The settlement will prohibit further expansion of
short-term rentals in the Hills and preserve the rights of the Club to enforce
the prohibitions of Issue 3, while at the same Time preserve the rights of the
Plaintiffs who were engaged in short-term rentals when Issue 3 was passed.
There currently are 16 homes used for short-term rentals. The settlement
permits those activities to continue, and also permits 4 additional homes to be
built by the Plaintiffs for such purpose. All other short-term rental activity
will be expressly prohibited, and Hide-A-Way Hills will be free to otherwise
fully enforce Issue 3. In addition, if any of the properties on which short-term
rental activity is permitted by the settlement, are sold to third parties, the
prohibitions of Issue 3 will then become applicable to such property. The Board
feels that with these provisions, short-term rental activity will presently be
severely limited, and will eventually, in the future, diminish.
In order
to preserve the use of our facilities exclusively for Hide-A-Way Hills members,
short-term tenants are specifically prohibited from using the swimming pool,
golf course, beach, tennis court, airport, stables, and the lakes for either
boating or fishing. There also are provisions requiring short-term tenants to
abide by our rules and regulations, and to bar them from entering the Hills if
they fail to do so.
In summary, we feel that the settlement reaffirms
the right of Hide-A-Way Hills to control its long-term destiny as a residential
community, dedicated to preserving our lifestyle and quality of life. Your Board
of Trustees has spent many hours in finalizing this settlement, and unanimously
thinks it to be in the best interest of the Hills. We hope you agree.
This agreement is subject to the approval of the Court.
Published August 2005 ECHO, Hide-A-Way Hills Board of Trustees