HOA Leasing Guidelines

This week’s HOA Rules Reminder focus is on “Leasing”, here are some of the key points:
 
“For purposes of this Declaration, "leasing" is defined as regular, exclusive occupancy of a Residential Property Unit by any Person other than the Owner, for which the Owner receives any consideration or benefit, including a fee, service, or gratuity.
 

1. The Residential Property Unit, if leased, may be leased only in its entirety (e.g., separate rooms within the same Residential Property Unit may not be separately leased).
2. All leases shall be in writing and must require that tenants and all occupants of the leased Residential Property Unit are bound by and obligated to comply with the Governing Documents. However, the Governing Documents shall apply regardless of whether such a provision is specifically set forth in the lease.
3. The Board may establish the minimum length of the term of any lease of a Residential Property Unit which is not a Residential Rental Property which in no event shall be less than twelve (12) consecutive months.
4. Within ten (10) days of the lease being signed, an Owner shall notify the Board or the Master Association's managing agent of any lease and provide a copy of the lease, together with all backup documentation submitted by the tenant to the Owner and any additional information the Board may require to ensure compliance with the terms hereof.
5. The Owner must give the tenant copies of the Governing Documents.
6. The Board may adopt reasonable use restrictions and Rules and Regulations regulating leasing and subleasing of Residential Property Units. The Master Association may charge an administration fee equal to the lesser of (i) $200.00 per lease submitted by an Owner pursuant to the terms hereof, or (ii) the maximum fee allowable under Chapter 720, Florida Statutes. The restrictions on leasing in this Section shall not apply to Property Units owned by the Declarant, nor to Commercial or Institutional Property Units, to the Commercial portion of any Mixed-Use Property Unit or to Residential Rental Property.
7. Occupants Bound. Every Owner shall cause anyone leasing, occupying, or visiting his or her Property Unit to comply with the Governing Documents and shall be responsible for all violations and losses they cause to the Common Areas, notwithstanding the fact that such Persons also are fully liable and may be sanctioned for any violation.
8. An Owner who leases all of his or her Property Unit shall be deemed to have assigned all such rights to the tenant of such Property Unit for the term of such lease.