Short-Term Rental Restrictions
By an overwhelming margin, Brannon Forest property owners voted to amend our Deed Covenants and restrict short-term rentals (STRs).
The official Amendment was filed May 18, 2023 at the Haywood County Register of Deeds when the approval voting threshold was met. It became legally binding at that time.
All lots in Brannon Forest now have the same STR restrictions. The minimum rental period now is for not less than one month, with additional provisions as noted in the Amendment.
Specifically:
- All leases must be for residential purposes only
- Leases must be for no less than one month
- No more than 3 separate lease periods in a calendar year
- All leases must be in writing
- No subleasing
- Maximum number of vehicles allowed at any home being leased: 2
- Rental pre-registration required
- No subleasing
- New authority for POA Board to adopt rules regarding rentals for the health, safety and quiet enjoyment of Brannon Forest property owners
- Lot owners and tenants responsible for all governing documents and regulations or subject to fines or assessments
Voting on the Amendment began April 23. A total of 91 votes, or 75% of property owners, was required for approval. The vote totals, as reported to the POA Board on June 1, were 96 YES to 1 No vote. Twenty-four votes were recorded as "did not vote," which has the same effect as a No vote under state law.
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Background of the issue and vote
The vote to amend Brannon Forest Deed Covenants to restrict short-term rentals (STRs) began following a property owner survey and community-wide meetings.
The POA Board asked for property owners support to restrict STRs and protect the safety and quiet enjoyment of Brannon Forest, now and in the future. At the April 23 meeting, residents offered additional statements about how other WNC communities have been negatively affected by STRs, particularly with non-resident real estate companies buying properties without restrictions.
It was noted at the community-wide meetings that the character of some developments in Western North Carolina had "completely changed" as a result of the proliferation of short-term rental houses. Noise, difficulties with parking, vandalism to neighboring properties, decrease in property values, etc., were cited as issues.
The survey, which received a 66.4% response, was conducted in March. The survey showed that more than 4 out of 5 property owners wanted to see additional STR restrictions in Brannon Forest. Prior to the amendment vote, there were no rental restrictions on 41 lots and just a one-week minimum rental restriction on 80 lots.
Complete survey results are available here. While a majority of respondents noted a preference for no rentals at all, or a minimum of 6 months, the survey showed that to reach the 75% amendment approval threshold, a one-month minimum would receive the greatest possibility of approval.
Text of the Amendment and accompanying information is below.