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Lease Section Modification History
Condominiums
By Peter Schulz

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

15.9 Leases. No portion of a Unit (other than an entire Unit) may be rented.

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 this Declaration, the Articles of Incorporation and By- Laws of the Association, Rules and Regulations, or other applicable provisions of any agreement, document or instrument governing the Condominium or administered by the Association.

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.

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.

Every lease of a Unit 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 hereto) 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 under the lease shall empower the Association with the right and authority on behalf of the Owner to commence legal proceedings to cause the lessee to be evicted.

All Unit Owners shall be jointly and severally liable with their tenants to the Association for any amount which is required by the Association to repair any damage to the Common Elements resulting from acts or omissions of tenants (as determined in the sole discretion of the Association) and to pay any claim for injury or damage to property caused by the negligence of the tenant or for the acts and omissions of the tenant(s) which constitute a violation of, or non-compliance with, the provisions of this Declaration and of any and all Rules and Regulations of the Association.

Leases for all Units shall comply with and be subject to the provisions of the Declaration of Condominium, Articles of Incorporation, Rules and Regulations, By-Laws, and the Act, and the provisions of same shall be deemed expressly incorporated into any lease of a Unit.

This subsection shall also apply to subleases and assignments and renewals of leases.

All leases of Units 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 provisions reflecting the foregoing terms and conditions.

03/31/2010 - Section 15.9 was amended to include the following.

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 ("Collateral Assignment of Rents").

Only in the event an Owner of a leased Unit defaults on the obligation to timely make payments of Assessments, as the 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.

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. Notwithstanding anything to the contrary set forth herein, these restrictions and limitations shall not apply to the Developer, its designees, successors and assigns as set forth in Section 15.14 of the Declaration and the Developer shall have the right to enter into leases of its Lots with any tenant it deems appropriate in its sole and absolute discretion.

 

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