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Leasing of Units. Every Lease of a Unit shall be in writing, shall transfer possession of the entire Unit and not a portion or portions thereof, and shall require the Tenant and other occupants of the Unit to comply with the requirements of this Declaration and the other Condominium Documents. The Owner of a residential Unit shall provide notice of any Lease thereof, together with such additional information the Board of Directors may reasonably require, to the Board at least fifteen (15) days before the proposed commencement of the term of such Lease, and shall provide the proposed Tenant with current copies of these Rules & Regulations and the other Condominium Documents. The Owner of a Unit, by leasing such Unit, shall be deemed to have assigned all the Owner's rights to use and enjoy the Common Elements to the Tenant during the term of the Lease. For purposes of this Rule and Section 17 of the Declaration, the terms "lease" and "leasing" refer to the regular, exclusive occupancy of a Unit by one or more Persons, other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, rent, fees, or in-kind goods or services. The Owner of a Unit shall be subject to a $100 fine for each violation of this Rule or Section 17 of the Declaration, or for each day of a continuing violation after notice. Adopted pursuant to Subsections 3A(j), 3A(g), 17.1, 17.8, 17.15, 18.3 and 20.2 of the Declaration.
Leases. Units may be rented or occupied only in their entirety as a single family dwelling, and no fraction or portion of a Unit may be rented, leased, licensed or occupied under an occupancy agreement. No individual rooms or portion of a Unit may be leased, rented or licensed on any terms whatsoever. No tenancies shall be
permitted except those which strictly conform to the following:
- All lease agreements shall be in writing.
- All lease agreements, together with an application signed by both the Owner and Tenant in a form acceptable to the Association shall be submitted to the Association for approval at least five (5) days prior to commencement of the lease term and shall require the written approval of the Association. The Board of Directors may require a standard form application for lease approval, a standard from lease, and any other information regarding the tenant(s) or occupants as the Association may reasonably require. The approval or disapproval of a tenant shall be made by the Board, or the Board may delegate its authority to a Committee or to the Manager.
- The application will require the tenant to provide the following information:
- Credit references and information regarding bankruptcy.
- Information regarding misdemeanor and felony arrest, disposition, and sanction records for all who will occupy the rental address.
- Driver's license number and state of issue for all who will occupy the rental address.
- A list of all vehicles and license plate numbers that will be parked at the rental address.
- Previous addresses.
- A thorough background check of the tenants and any occupants may be completed by an investigation company chosen by the Association. The investigation may be conducted as follows:
Upon receipt of the copy of the written lease and the application form, the association shall engage the investigation company and receive the results of the investigation. The investigation shall be at the sole expense of the owner and the tenant, who shall pay the expense in advance. If the tenant is to pay for the investigation, advance payment shall be made by money order or certified check.
The information disclosed on the application will be used by the investigation company, plus any other information as the Board may deem necessary to complete the background check.
- The Association may deny a lease on the ground that the proposed tenant or occupant poses a danger or undue risk to the health, safety or general welfare of the community because:
- The tenant or occupant has a felony conviction for a crime for which the sanction imposed has not been completed, or
- the tenant or occupant has a felony conviction for a crime for which the sanction imposed has been completed, but the felony conviction disqualifying a tenant or occupant would be a crime which designates the tenant or occupant a sexual predator or sexual offender, or
- the proposed tenant or occupant has previously resided or occupied a dwelling in The Villas and has been cited for a violation of the Association's governing documents, including any of its rules and regulations, or
- Materially false, misleading or incomplete information has been provided on the application, or
(a) 5. the proposed tenant is receiving rent assistance under Title 42, USC, Chapter 8, Section 1437 (f),
- The Owner shall remove, at Owner's sole expense, by legal means, including eviction, his Tenant, and their guests, occupants, family members or invitees, should any of them refuse or fail to abide by and adhere to the Governing Documents and Rules and Regulations of the Association.
- All lease agreements shall state, or if silent shall be deemed to so state, that a violation by the tenant, their guests, occupants, family members or invitees of the Governing Documents including the rules and regulations is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Florida law.
- All Owners hereby delegate to the Association, acting through the Board, the power and authority of enforcement against the tenant for breaches to the lease resulting from the violation of the Governing Documents, and the rules and regulations, including the power and authority to declare the lease in default because of the violations and to evict the tenant as attorney-in-fact on behalf and for the benefit of the Owner after the Board gives notice to the Owner at the last address provided by Owner to the Association. Prior to eviction of a tenant, the Association shall give the Owner five (5) days’ notice to allow the Owner to secure compliance from the tenant. If the tenant does not cure the violation within such time period, the Board may commence eviction proceedings. If the Association proceeds to evict the tenant, any costs, including reasonable attorneys' fees incurred and court costs, associated with the eviction shall be the personal obligation of the owner, and shall be a continuing lien on the Lot to be foreclosed in the same manner as a lien for past due assessments.
- Any leased Unit shall be subject to the following occupancy requirements. (1) The maximum number of single family residents in any unit shall be as follows:
(a) 1 bedroom Unit — 2 residents
(b) 2 bedroom Unit — 4 residents
(c) 3 bedroom Unit — 5 residents
- A resident is a person who occupies a Leased Unit for more than fifteen (15) days in succession, or sixty (60) days in any twelve (12) month period whether or not those days are in succession.
- Any Unit in which there resides more than a single family, or in which there resides more single family residents than permitted above, shall cause all persons who reside there, including the tenant, to be subject to eviction by the Owner or the Association. The procedures and remedies set forth above shall apply, and the Association shall have standing in any court of competent jurisdiction to evict all persons occupying a Residential Unit when any one resident or occupant is in violation of paragraph for g above.
- Temporary storage containers used for the purposes of moving furniture and personal belongings into and out of a unit ("PODS") by an owner or Association approved tenant may only be temporarily placed on the common element for a period of seven (7) consecutive calendar days, and only after having received written permission from the Association prior to placement. Any POD that has exceeded the seven (7) day maximum or has not obtained permission from the Association shall be subject to removal by the Association using the towing procedures as set forth in paragraphs II A through F above. The unit owner, and tenant if applicable, shall be jointly and severally liable for any damages caused to the common element by the POD being placed upon or moved over the common element. The unit owner, and tenant if applicable, shall jointly and severally indemnify the Association for any claim, damages, or loss including personal injury or death, caused or in any way related to the POD, to which the Association, its directors, officers, employees, agents or representatives may become liable including attorney fees and costs, and attorney fees and costs on appeal.
- No exterior radio, television or other electronic antenna or aerial may be erected or maintained anywhere within the condominium property, except that a satellite receiver 39.37" inches or less in diameter is permitted, but only if it is on a moveable stand and the stand is placed, not affixed, upon limited common element. The stand shall be placed on limited common element only when the receiver is being used to receive signals, and at all other times will be placed inside the unit. Under no circumstances shall a satellite receiver or supporting hardware be affixed to the common element or any limited common element. No holes shall be drilled, nor adhesives used to attach a satellite receiver or its supporting hardware to any portion of the condominium property.
- The use of the common element by rollerblades, skateboards, scooters, and the like, whether motorized or manually propelled, is strictly prohibited. In the event any person who occupies a unit, a unit guest, or unit invitee violates this rule, the unit owner and tenant, if applicable, shall be liable, jointly and severally, for any fine, or penalty that may be imposed by the Association for violation of this rule. The unit owner, and tenant if applicable, shall be jointly and severally liable for any damages caused to the common element by the use of rollerblades, skateboards, scooters, and the like. The unit owner, and tenant if applicable, shall jointly and severally indemnify the Association for any claim, damages, or loss including personal injury or death, caused or in any way related to the use of rollerblades, skateboards, scooters, and the like, on the common element, to which the Association, its directors, officers, employees, agents or representatives may become liable, including attorney fees and costs, and attorney fees and costs on appeal.
In adherence of 718.116(11), Florida Statutes, “if the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit.” The association may choose to work through the association attorney or management firm to follow the appropriate process outlined under s.s. 718.116(11). (Amended 5/26/20)
The information above can be found in the Rules & Regulations of the Association online. The copy and paste translation on the website may not be as accurate, but provided to the best of the associations responsibility.