Lease Section  Modification History
Townhomes
By Peter Schulz

11/08/2007 - The changes in red to the official documents have been made thus permitting an owner to lease their townhome

Section 19. Leasing. 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 Lot.

Owners are required to provide to the Association the Owner's current mailing address, together with the names and contact phone numbers of those residing on the Lot.

Each Owner shall be responsible for the acts and omissions, whether negligent or willful, of any person residing on his Lot, and for all guests, and invitees of the Owner or any such resident, and in the event the acts or omissions of any of the foregoing shall result in any damage to the Common Areas, or any liability to the Association, the Owner shall be assessed for same as in the case of any other Assessment, limited where applicable to the extent that the expense or liability is not met by the proceeds of insurance carried by the Association. Furthermore, any violation of any of the provisions of this Declaration, of the Articles, or the Bylaws, by any resident of any Lot, or any guest or invitee of an Owner or any resident of a Lot, shall also be deemed a violation by the Owner, and shall subject the Owner to the same liability as if such violation was that of the Owner.

Notwithstanding the above no leases shall be permitted for period of two years commencing on the date that the Developer first conveys convey the Unit to the initial Owner. The Developer reserves the right to waive the foregoing restrictions on leasing on a unit by unit basis.

With respect to any tenant or any person present on any Lot or any portion of the Property, other than an Owner and the members of his immediate family permanently residing with him in the Lot, if such person shall materially violate any provision of this Declaration, the Articles, or be a source of annoyance to the residents of the Property, or shall willfully damage or destroy any Common Areas or personal property of the Association, then upon written notice by the Association, such person shall be required to immediately leave the Property and if such person does not do so, the Association is authorized to commence an action to evict such tenant or compel the person to leave the Property and, where necessary, to enjoin such person from returning. The expense of any such action, including attorneys' fees, may be assessed against the applicable Owner, and the Association may collect such Assessment and have a lien for same as elsewhere provided. The foregoing shall be in addition to any other remedy of the Association.

03/31/2010 - Section 19 was amended to include the following.

Every lease of a Lot 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 full compliance with the covenants, terms, conditions, and restrictions of this Declaration and all exhibits thereto, and with any and all Rules and Regulations adopted by the Association from time to time and that any failure by the lessee to comply with the terms of the lease as set forth herein, shall empower the Association with the right and authority on behalf of the Owner to commence legal proceedings against the tenant to be evicted.

Leases for all Units shall comply with and be subject to the provisions of this Declaration, the Articles, Bylaws, Florida law governing the Association, any promulgated Rules and Regulations, and each of the same shall be deemed expressly incorporated into any lease of a Lot. The Association reserves the right to require the Owner and lessee to execute a standard form lease or lease addendums as required by the Association in its sole discretion.

In addition, each lease of a Lot 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 Lot to the Association ("Collateral Assignment of Rents").

Only in the event an Owner of a leased Lot defaults on the obligation to timely make payments of Assessments, as same may arise from time to time, the Collateral Assignment of Rents shall become effective. Upon the Collateral Assignment of Rents becoming effective, the Association shall have the right at any time to provide ten (10) days written notice to the Owner and the tenant that all subsequent lease payments are to be forwarded by the tenant directly to the Association, until otherwise notified by the Association. The Association shall immediately apply collected rents to outstanding Assessment due from the Owner and immediately remit the balance of the rent to the Owner. Notwithstanding anything to the contrary herein, in the event the tenant fails to forward rent directly to the Association, the Association may immediately commence legal action to terminate the lease subject to the provisions of Florida law and this Declaration, and secure the removal of the tenant. Any and all fees and costs incurred, including attorney's fees, shall be recoverable by the Association from the Owner.

This subsection shall also apply to any subleases, assignments or renewals of leases.

All leases of Lots are hereby made subordinate to any lien filed by the Association whether prior or subsequent to such lease.

The Association shall have the right to require that each lease contain certain uniform provisions, including those reflected herein and any promulgated rules and regulations regarding resident conduct.