FAQs on the Board's proposed covenant change to address rental properties and short-term rentals

Fellow Eagle Nest residents,

As you are aware, the Board recently launched a campaign seeking resident support for a covenant revision that would ban short-term rentals and prohibit new rental properties in Eagle Nest. The goal is to protect our neighborhood’s residential character, property values, safety, and quality of life before problems arise.

Thank you to those who submitted their proxies so far. We’re off to a good start, and we appreciate your forward-thinking support. For those who haven’t, well, we know life is busy and reading legal jargon isn’t at the top of your list. So, we’ve prepared this FAQ to help sort through some of the most common questions and concerns.

Please have a read, then drop your completed and signed proxy in the Association’s mailbox (8075 Teel Way) or scan and email it to enpoa_sec@att.net. (If you need another proxy, contact Board President Scott Thien at scottthien@comcast.net or Board Vice President John Strauss at johncstrauss@gmail.com and they’ll be happy to drop one off for you!)

If you still have questions, join us for our monthly Board meeting at 6:30 p.m. Monday, Aug. 17 (new date!), at the Clubhouse. We’re reserving the first 30-45 minutes to answer resident questions before continuing with Board meeting business. (Can’t make it? We’ll do the same thing at our Sept. 10 Board meeting.)

Why are we pushing the Owner-Occupant amendment?

• Eagle Nest is a residential neighborhood, not a hotel district.
• This proposal is about prevention.
• Other Indianapolis-area neighborhoods have dealt with serious problems tied to short-term rental parties, including noise, trash, parking, gunfire and violence.
• Some short-term rental owners are responsible, but others may be absentee investors with little connection to the neighborhood.
• Owner-occupied homes create stability, accountability and neighborhood pride.
• This proposal does not stop residents from having guests, family visits, house sitters, or normal social gatherings.
• This proposal is not anti-renter. It is pro-neighborhood and pro-owner-occupancy.
• City registration rules and Airbnb policies are helpful, but they do not replace strong neighborhood covenants.
• Acting now is easier than trying to fix problems after they arrive.

FAQs

Question: What exactly are we being asked to approve?
Answer: Residents are being asked to approve a revision to the Eagle Nest covenants that would prohibit new rental properties and ban short-term rentals, including Airbnb, Vrbo, and similar short-term rental platforms. 

Q: Why is the Board proposing this now?
A: Because other neighborhoods have experienced problems with short-term rentals, including large parties, parking issues, noise, trash, gunfire, and violence. The Board believes Eagle Nest should act before these problems spread here. We’ve already had some isolated incidents that have frustrated neighbors, and without guardrails it could happen at a house near you soon.

Q: Is Eagle Nest currently having a major short-term rental problem?
A: The goal is prevention. We do not need to wait for a serious incident before setting clear standards for the neighborhood. But we have received an increasing number of complaints about short-term rentals properties in the past few years. And as more institutional investors buy up our homes, the number of complaints and problems is sure to increase.

Q: Are all Airbnb owners irresponsible?
A: No. Some short-term rental owners operate responsibly. But the neighborhood cannot rely on every future owner to be responsible, local, responsive or invested in Eagle Nest. 

Q: Why not just deal with bad properties one at a time?
A: That can be difficult once a property is already operating as a rental or short-term rental. Clear covenant language gives our Association a stronger and more practical way to prevent problems – including fines.

Q: Does this mean I can’t have guests or family stay with me?
A: No. The proposal is not about ordinary guests, visiting relatives, house sitters, or friends staying in your home. It is about rental use and short-term commercial lodging. 

Q: What about someone renting their home for a year to a family?
A: The proposal is intended to prohibit new rental properties going forward. The Board suggests residents read the proposed covenant language for details, including any transition or grandfathering provisions. It’s important to note, however, that the proposal allows for family trust arrangements and military personnel who are deployed.

Q: Is this an anti-renter push?
A: No. This is about preserving Eagle Nest as an owner-occupied neighborhood. Many renters are good neighbors. The concern is the long-term effect of more homes being converted from owner-occupied residences into rental or short-term rental properties. 

Q: Why are short-term rentals different from regular homeowners having parties?
A: A homeowner lives with the consequences of what happens at the property. A short-term guest may be gone the next morning. An absentee owner may not experience the disruption that neighbors do. 

Q: Doesn’t Indianapolis already regulate short-term rentals?
A: Yes. Indianapolis requires short-term rental permits. But city registration does not guarantee that a short-term rental is appropriate in every homeowner association neighborhood, and it does not prevent every nuisance or party problem.

Q: Does Airbnb prohibit parties?
A: Yes. Airbnb has policies against disruptive gatherings and community disturbances. But those policies usually matter after a problem has occurred. Eagle Nest is trying to prevent problems before they happen.

Q: Will this protect property values?
A: The Board believes stable owner-occupied neighborhoods, clear covenants, well-maintained homes, and fewer nuisance risks help protect the long-term value and appeal of Eagle Nest.

Q: What should I say to a neighbor who is undecided?
A: A good answer is: “This is about prevention. We have a good neighborhood, and we want to keep it that way. The proposal simply says homes in Eagle Nest should remain homes, not short-term rentals or investment rental properties.”

Q: Where can residents learn more?
A: Residents can review the proposed covenant language delivered to all lot owners’ mailboxes in early July. If you didn’t get your packet or can’t find it, please contact Board President Scott Thien at scottthien@comcast.net or Board Vice President John Strauss at johncstrauss@gmail.com and they’ll get one to you. Scott and John are happy to answer any questions you may have, too. Just reach out.

Q: What do I need to do to support the proposal?
A:  Simply mark X or check YES to approve Section 2(D) (Rental Restrictions) on the proxy, sign and complete the form and return it. And while you’re at it, mark X or check YES to the other amendment options, too, as they seek to protect our property values and ensure Eagle Nest remains a desirable place to live, as well. Don’t have the proxy? Again, please contact Board President Scott Thien at scottthien@comcast.net or Board Vice President John Strauss at johncstrauss@gmail.com and they’ll get one to you.

Thank you!