Dear Pinewood Owners:
It has come to my attention that there may be some confusion or misunderstanding over the rescission of Rules & Regulations Rule #13 at the June 13th Board Meeting. First, everyone needs to understand that the Rules and Regulations are separate from the Declaration of Condominium and that the Declaration takes precedence over them. The Declaration is the “more powerful” document. The Declaration of Condominium can only be changed by a vote of the owners, whereas the Board makes the Rules and Regulations.
Pinewood South over-55 rules and seasonal rental rules are in the Certificate of Condominium and remain the same. In the amendment passed in 2021, the seasonal rule—which only allows rental time limits of 30 days minimum up to 6 months maximum—was added. This rule stands as written and is enforced by the Board. The rule does NOT contain language that limits owners to a single seasonal rental.
At some point, a rule allowing only a single yearly rental was added to the Pinewood Rules and Regulations (which was in addition to the original rules passed in the Certificate of Condominium). This is the lesser document that only requires a Board vote. It is this rule that is unenforceable, since only an owners’ vote may change something with the importance of rental rules, and the rule did not appear in the amendment to the Certificate of Condominium. This made rescission of Rule #13 (but only in the Rules and Regulations) necessary.
Bottom line, an owner may rent their unit out seasonally more than once per year. Someone who leases for 6 months may NOT renew for another 6 months, since that would be the equivalent of a yearly rental, which is not allowed. In my opinion, this rescission simply cleans up our Rules and Regulations and allows a little more flexibility and income possibility to owners. It is a good thing. Keep in mind that we still apply the over-55 rules and run background checks, credit checks, and check references. Beyond this, we can all discuss the direction of Pinewood as we move forward.
Best Regards –
Gregory Grover – President, Pinewood South COA
