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5/14/2011 - Letter to Editor Rental Lease Requirements

I am planning on renting my unit and I'd like to know about any association requirements that I have to take into account.

Dear Homeowner,

The easiest way to lease your unit is to have a professional realtor handle all of the details. However, if you want to lease your unit yourself, here are the the association requirements that apply.

1. All leases of units shall be in writing and shall be deemed to provide that the association shall have the right to terminate the lease upon default by the tenant in observing any of the provisions of the associations documents.

2. No lease may be made for less than a six (6) month period, and all leases must be in writing. No more than two (2) leases may be executed per year for the rental of a unit.

3. Owners are required to provide the association with their current mailing address, a copy of the lease, together with the names, criminal background checks, and contact phone numbers of all individuals residing in the unit prior to the tenant's move-in date.

CRIMINAL BACKGROUND CHECKS - The owner is required to have a criminal background check conducted, at their expense, for all occupants over 18 years of age and will reject first time applicants and residents at the time of renewal, for any of the following criminal related reasons that have occurred within the ten (10) years prior to application date or while a Green Cay Resident, regardless of whether or not jail time was served or adjudication was withheld. Furthermore, if any resident or occupant is convicted or has been convicted of the following crimes during or prior to their residency at this community, it is the resident's responsibility to report this information to the Property Manager. A conviction is considered to be a material violation of the Lease Agreement and this community shall have the right to terminate the resident's lease.
(a) felony conviction;
(b) misdemeanor conviction involving crimes against persons or property;
(c) any drug related conviction;
(d) any prostitution related conviction;
(e) any sex related conviction;
(f) any terrorist related conviction;
(g) any cruelty to animals related conviction;
(h) any of the above related charges resulting in "adjudication withheld"; and
(i) active status on probation or parole resulting from any of the above.

4. Each owner shall be responsible for the acts and omissions, whether negligent or willful, of any person residing in his unit, and for all guests, and invitees of the owner or any such resident.

5. Every lease shall specifically provide (or, if it does not, shall be automatically deemed to provide) that a material condition of the lease shall be the tenant's acceptance of the following Zero Tolerance Policy.

ZERO TOLERANCE - Any arrest able offense will not be tolerated, and is considered a material non-compliance of your lease agreement. Fighting of any kind is an arrest able offense. Gang related activity is an arrest able offense. Illegal drug use or the possession of illegal drugs is an arrest able offense. Violation of any of the following provisions is a material and irreparable violation of the lease and good cause for immediate termination of tenancy: gang-related – activity engaged in, on, or near the premises by any resident, household member or guest, and any such activity engaged in at Green Cay Village by any other person under the resident's control; drug related criminal activity engaged in, on, or near the premises by any resident, household member or guest, and any such activity engaged in at Green Cay Village by any other person under the resident's control; determination made by the Board of Directors that a household member is illegally using a drug; determination made by the Board of Directors that a pattern of illegal use of a drug or abuse of alcohol interferes or threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.

6. Every lease of a unit shall specifically provide (or, if it does not, shall be automatically deemed to provide) an express statement that a material condition of the lease shall be the owner's collateral assignment of rents of the leased unit to the association . What this means is that in the event the owner is delinquent in paying their monthly association maintenance fees, the association can collect these fees directly from the tenant.

Key References

Lease Section Modification History - Townhomes

Lease Section Modification History - Condos

Welcome Package - Townhomes

Welcome Package - Condos

Sincerely,


Peter Schulz - Editor - Email TCM

 
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