Non-Compliance Fine:

If a Landlord fails to perform these requirements prior to leasing a condominium unit to a Tenant, the directors of the Corporation may, in their discretion, impose a reasonable fine not exceeding $100 for current violations and $100 per day for violations not corrected after a fine hearing.

Rental Rules for One Park Vista

Based on the Third Amendment to the Declaration, which specifically amends the Declaration regarding leases:

• General Rule: Strict Compliance Required. No unit can be leased or rented unless it is in strict compliance with Section 7.9 of the Declaration, as amended [206, Section 7.9(a)].

• Written Lease and Filing with the Association. Every lease for a unit, or any portion of it, must be in writing [206, Section 7.9(b)]. You, as the HOA manager, must ensure that a true copy of each lease is filed with the Association [206, Section 7.9(b)].

• Lessee Compliance and Association's Right to Evict. The lease agreement itself must clearly state that its terms are subject in all respects to the Condominium Documents (which include the Declaration, Articles of Incorporation, and Bylaws) [206, Section 7.9(b)]. Critically, if a lessee fails to comply with any of the terms of the Condominium Documents, this constitutes a default under the lease, and the Association is automatically afforded the right to evict the lessee through summary ejectment proceedings [207, Section 7.9(b)]. This is a powerful tool for enforcing community rules against tenants.

• Minimum Lease Term. Generally, no unit may be leased for a period shorter than twelve (12) months, and the lease cannot contain an option for early termination by either party [207, Section 7.9(b)].

◦ Exception for "Current Owners." This 12-month minimum lease term does not apply to "Current Owners." A "Current Owner" is defined as someone who owned a unit prior to November 1, 2010, or someone who acquired their unit by conveyance or devise on or after November 1, 2010, but specifically not through a third-party purchaser [207, Section 7.9(c)]. These "Current Owners" can lease their units for a period shorter than ninety (90) days, but they still must comply with all other requirements of Section 7.9(b) [207, Section 7.9(c)].

◦ Exception for Corporate Owners (Gratuitous Use). If a Corporate Owner owns a unit and uses it for short-term, gratuitous (meaning without charge) use by invitees, guests, temporary employees, or consultants, they do not have to comply with the general lease term requirements. However, these individuals (the invitees, guests, etc.) must still comply with all the general rules and regulations of the Condominium [207, Section 7.9(d)].

In practical terms, for day-to-day operations, this means you need to:

1. Require all new leases to be in writing and a copy provided to the Association.

2. Verify that new leases (unless falling under the "Current Owner" or "Corporate Owner" exceptions) are for at least 12 months with no early termination clauses.

3. Ensure leases include language making the tenant subject to the governing documents.

4. Be prepared to initiate eviction proceedings if a tenant violates community rules.

5. Understand the nuances for "Current Owners" and "Corporate Owners" regarding lease duration.

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