CLOISTERS WEST HOMEOWNERS ASSOCIATION, INC.
POLICY RESOLUTION NO. 2006-2
RENTAL REQUIREMENTS
Effective Date: December 5, 2006
Recitals
A. Article VII, Section 1(a) of the Bylaws of the Cloisters West Homeowners Association, Inc. (hereinafter the “Association”) provides that the Board of Directors (“Board”) shall have all of the powers necessary for the administration of the affairs of the Association, including the adoption of rules and regulations.
B. The Board has determined that it is necessary, pursuant to the Board's authority set forth above, to prescribe the form of a lease addendum addressing issues which are of concern to the Association, and to ensure that Owners inform the Association of the names and provide contact information for all tenants residing in the Community.
C. The Board, by this Resolution, wishes to adopt a rule requiring the use of such a lease addendum for all leases signed or renewed after the effective date hereof, and to require the provision of information to the Association regarding tenants living on Lots in the Property.
NOW, THEREFORE, the Board of Directors hereby adopts the following rule:
Part A - Lease Addendum
Owners and their tenants may use any written form of lease, provided, however, that the Owner and the tenants also must sign the form of lease addendum attached hereto as Exhibit A, and such Lease Addendum shall be incorporated as a part of the lease, for all new leases and lease renewals, beginning on December 5, 2006. After that date, if a home is leased, or if a lease is renewed without the lease addendum required by this rule, the Owner shall be subject to enforcement action by the Association, including, without limitation, legal action and fines assessed in accordance with the Declaration of Covenants, Conditions and Restrictions. A copy of each signed lease and lease addendum shall be provided to the Association by the Owner.
Part B - Listing of Residents and Phone Numbers
Owners must provide to the Association the names and telephone numbers of each and every individual residing on the Lot. Owner must also provide to the Association a 24-hour, 365-day telephone number at which Owner or Owner’s agent can be reached in the case of an emergency at or arising out of the Lot.
EXHIBIT A
LEASE ADDENDUM
THIS ADDENDUM to a certain lease (“Lease”) of:
____________________________________________________________________ (“Home”)
(address)
in Cloisters West (“Community”) is made as of _________________________ , 20____ , by and between
________________________________________________________________ (“Landlord”),
and _______________________________________________________________ (“Tenant”).
RECITALS
A. Landlord and Tenant have entered into the Lease for the Home.
B. Landlord and Tenant enter into this Addendum, in order to comply with the leasing requirements of the Cloisters West Homeowners Association (“Association”).
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained in the Lease and herein, Landlord and Tenant hereby agree as follows:
1. Applicability of Governing Documents.
a. Declaration, Bylaws and Rules. Tenant's right to use and occupy the Home shall be subject and subordinate in all respects to the provisions of the Declaration of Covenants and Bylaws of the Association and to such other rules and regulations as the Association may from time to time adopt (the foregoing documents are referred-to collectively as the “Governing Documents”). Tenant acknowledges receiving a copy of the Governing Documents from Landlord.
b. Violations. Any violation of the provisions of the Governing Documents by Tenant, or Tenant’s family, guests, agents, employees, licensees, invitees, employees or agents, shall constitute a material breach of the Lease. In the event of such violation, or in the event of Tenant’s non-payment of rent to the Association pursuant to Paragraph 2 below, the Association shall have the right, but not the obligation, to take appropriate action, including legal action, against Landlord, Tenant, or both, for injunctive relief, damages, or any other remedy necessary, including without limitation legal action on behalf of Landlord to terminate the Lease and obtain possession of the Home. Landlord and Tenant hereby expressly authorize the Association to take any such action. Landlord agrees that the Association shall have the right, in its sole discretion, to act as agent for Landlord in taking action to terminate the Lease and obtain possession of the Home. Landlord shall pay the Association all costs and attorney’s fees incurred by the Association in enforcing the Governing Documents and Rules and Regulations and in exercising any of the rights and remedies set forth herein.
c. Indemnification. Tenant and Landlord, jointly and severally, shall indemnify and hold harmless the Association from and against any damages, direct or indirect and including costs and attorney’s fees, incurred as a result of the non-compliance by any of the aforesaid persons with the provisions of any of the Governing Documents, any applicable law or governmental regulation, or any other provision of the Lease.
2. Assignment of Rent. If at any time during the lease term, including any extension, renewal or holdover term, Landlord becomes delinquent in the payment of any amounts due from Landlord to the Association, the Association, at its option, as long as such delinquency continues, may demand and receive payment from Tenant of all such amounts due or becoming due, up to an amount sufficient to pay all sums due from Landlord to the Association, and any such payment from Tenant to the Association shall be deemed to be a full and sufficient payment of rent to Landlord in accordance with the Lease, and Tenant shall be discharged from any obligation to pay such amounts directly to Landlord, so long as such payments are made to the Association, until Landlord's delinquency to the Association, including all associated costs, has been completely cured. Tenant shall begin making such payments upon receipt of a letter signed by an authorized officer or agent of the Association, indicating that Landlord is delinquent in the payment of assessments or other amounts due, and demanding payment from the tenant pursuant to this Paragraph, and shall continue making such payments in monthly installments equal to monthly installments of rent due pursuant to the Lease until advised in writing by the Association that Landlord’s delinquency has been cured. Landlord hereby assigns to the Association the right to take legal action for non-payment of rent if Tenant fails to pay the Association any amounts due pursuant to this Paragraph, provided, however, that the Association shall not be obligated to take such action, and provided, further, that Landlord shall under no circumstances be released from any of Landlord’s payment obligations or other obligations to the Association by virtue of the provisions herein.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be duly executed on the date first written above.
LANDLORD: TENANT:
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
Address Address
____________________________________ ____________________________________