LOST RIVER VALLEY PROPERTY OWNERS ASSOCIATION
Recommendations and Requests for LRVPOA Property Owners
Who Rent Their Homes
Dear LRVPOA Member:
A major goal of the Lost River Valley Property Owners Association (LRVPOA) is to ensure and advance the enjoyment of properties by all members. We therefore offer the following recommendations and requests to those who rent their homes. Property rental is legal in our Association and we welcome renters who respect our Association and its members, along with West Virginia and Hardy County laws, regulations, and ordinances for the common benefit of all .
Post Your House Rules for All to See
Those who rent their properties should familiarize themselves with the LRVPOA bylaws and covenants as well as applicable local and state regulations and ordinances. These include WV Code West Virginia ordinances that regulate disturbances (see WV code; http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=61&art=6§ion=1B#06) and rental industry best practices and standards developed by Airbnb, Homeaway.com, and other similar Internet platforms.
Whether you are renting through an Internet platform, or on your own, it is important that you incorporate these rules, regulations, and standards to develop thorough rental rules and post such rules in your rental information online and in rental agreement information. This allows both your renters and LRVPOA neighbors to know up front what expectations you have for them while they occupy your home. Related to LRVPOA, this should include:
Noise
Please remember that all LRVPOA owners have the right to the quiet and peaceful enjoyment of their properties. Many owners live here full-time while others come to Lost River to get away from more crowded urban or suburban areas. Your renters should treat and occupy your property as you would, and ideally, your neighbors should never know the difference between an owner or renter occupied property. Thus, we request that your rules include, at a minimum, measures against the following:
• Loud parties or gatherings that allow for noise that carries beyond one’s property line.
• Late-night sounds associated with group traffic going to and coming from a property (late-hour arrivals and check-ins should be avoided).
• Noise from firearms and non-holiday fireworks
• Music or other programming, inside or out of the home proper, that carries beyond the property line.
• Renting to large groups that clearly exceed the intended occupancy and use of the property in terms of numbers of bedrooms and facilities (the maximum number of guests should be clearly stated on a rental profile and strictly enforced).
• Renters should communicate and outdoor “quiet hours” policy to their guests, beginning at 10:00 p.m.
Trash
• Tenants should be advised that during their stay, trash should never be stored outside of your home unless it is in closed, locking containers. Trash left outside in bags causes the risk of attracting bears and other wildlife.
• When checking out of your property, all trash must be taken back to their homes for pickup there unless you have an ENVIRCO account. If you do have an ENVIRCO account, trash must be deposited inside the shed in marked bags. Never deposit items outside or around the shed as this constitutes illegal dumping.
Driving and Roads
The speed limit in the Association is 15 MPH (yes, that is fifteen Miles Per Hour). Excessive speed by vehicles tears up roads and causes additional dust and dirt for residents. Whiles the Association has posted signs, we appreciate your endorsement of the speed limit by making potential renters aware of it in advance of their stay.
Fire
Some homeowners have fire pits that could be the starting points for dangerous mountain fires. We strongly advise you to have a policy that specifically states no outdoor wood fires are permitted. As an alternative, those who rent might consider safer alternatives such as propane rings that prevent airborne embers and can be quickly turned off.
For kitchens and gas burning barbeques, we suggest that you furnish your home with at least one suitable fire extinguisher sufficient for kitchen or porch fires, and ensure that renters have access to a working outside faucet, hose, and nozzle.
Firearms
The LRVPOA is a residential area and thus, it is important that renters know that use of firearms is extremely dangerous and should be prohibited. Aside from the possibility of danger to others, uses of firearms in the Association greatly disrupt the rights of your neighbors to live peaceably and enjoy their properties.
Hunting
Given the increased density of homes, allowing renters to hunt using firearms or other such devices such as crossbows that kill game, whether during official hunting season or outside of it, on the property of the home owner, is strongly discouraged and may be illegal. Hunting on the property of other owners or the Association itself is considered trespassing. Property owners who rent to those who hunt may find themselves in severe legal trouble should an accident occur.
Complaints and Emergencies
Rental owners should post in a prominent location all local medical, fire, and other emergency contacts for their guests.
Rental owners should provide their guests and immediate neighbors with their contact information, or that of their rental manager, to immediately respond to problems or complaints that arise during a guest’s stay. Those who rent their properties are reminded that it their responsibility to ensure that guests comply with these recommendations and other rules developed for their property, and not the responsibility of their neighbors.
Rental owners should be proactive in ensuring that their rentals do not create problems or nuisances for their neighbors. Those who rent are therefore encouraged to reach out to their neighbors and ascertain whether they are experiencing any rental impacts. If there are complaints or other issues, rental owners should be immediately responsive and adapt mitigation plans specific to the complaints and issues, in addition to adhering to these general recommendations. Neighbors of rentals are likewise encouraged to address problems directly with an owner to give the owner an opportunity to provide a mutually agreeable solution.
In Summary
Vacation rental owners who rent their properties are asked to be mindful of their neighbors and the Association in general, and provide their guests with rules that prevent noise and other adverse impacts on the community.
We welcome and value our visitors and we hope that all of our members will assist in ensuring that LRVPOA is a place where everyone’s mutual enjoyment is respected. Your neighbors do have the right to peace and quiet and the enjoyment of their own homes at all times.
Violations of Hardy County Ordinances may result in complaints and calls to the local sheriff’s office. In addition, some residents have taken to directly reporting violations to vacation rental sites as AIRBNB and Homeaway, which may affect rental owner’s future rental options.
Thank you for your cooperation and consideration!
Lost River Valley Property Owners Association
June, 2020