AnitaC5 (South Carolina)
Posts: 16
Posts: 16
Posted:
A new homeowner purchased 3 months ago (2 months of dues were paid at closing) and did not pay last months dues. 3 ladies moved in on THE day of closing. (an old man with a rickety car was in and around the first couple days)
Assuming they were owners, we left them a welcome to the neighborhood package on the door. After hearing nothing from them, I researched the owner, his address is a $half million golf course home, so this condo is a rental.
Our bylaws require if the unit is rented a lease must be submitted to the sec/tres along with $500 deposit.
I mailed him a mildly worded letter about needing a lease and the names and contact info for the tenants, along with the welcome package which had the info of when and who to mail the dues to, renter rules and co-owner reminders.
The 3 ladies that originally moved in have been exchanged with 3 others. Now we think that he is housing maids/housekeepers for the hotels in the area, that would NOT be allowed by our restrictions.
Searching the internet, I came across a Lease Addendum, this is 1 of the 6 items in the addendum.
"1. The Tenant/Lessee (the āTenantā) has received and read and shall fully, strictly comply with the Association Declaration, Articles of Incorporation, Bylaws, and Rules and Regulations, including without limitation, any rule(s) regarding tenants and/or leases (collectively called the āAssociation Documentsā) and the Tenantās failure to comply with the Condominium Documents or this Lease Addendum or any violation of law or statute shall constitute a default under this Lease and shall entitle the Associationās Board of Directors (the āBoardā) to terminate this Lease and take legal action, including without limitation, summary proceedings to evict the Tenant under the Colorado Forcible Entry and Detainer Statute. In the event of any such legal proceedings, the Tenant and Landlord/Lessor (the āLandlordā) shall be jointly and severally liable for all of the Associationās costs, expenses, and damages, including attorneyās fees."
I also love the #4 "If the Landlord fails to pay any Association Assessments or other sums when due, the Associationās Board may collect any rents due under this Lease and apply them against any such unpaid sums. If the Tenant fails or refuses to pay any rent or other sums owed, or otherwise violates this Addendum, the Board may proceed to terminate the Lease and bring summary proceedings to evict the Tenant"
The former owner, a lawyer, was 3 or 4 years behind on dues and had tenants most of the time. Yes we filed a lien, but the bank had a note on 15 or 20 of his properties which he had refinanced for ~150% what he paid and promptly quit paying.
Our by-laws state in several places we have the authority to evict a tenant, but nothing I saw would have given us authority, this seems to.
This addendum refers to "Colorado Forcible Entry and Detainer Statute". Does South Carolina offer anything similar? Can we as the HOA adopt this form to add to any lease?
Assuming they were owners, we left them a welcome to the neighborhood package on the door. After hearing nothing from them, I researched the owner, his address is a $half million golf course home, so this condo is a rental.
Our bylaws require if the unit is rented a lease must be submitted to the sec/tres along with $500 deposit.
I mailed him a mildly worded letter about needing a lease and the names and contact info for the tenants, along with the welcome package which had the info of when and who to mail the dues to, renter rules and co-owner reminders.
The 3 ladies that originally moved in have been exchanged with 3 others. Now we think that he is housing maids/housekeepers for the hotels in the area, that would NOT be allowed by our restrictions.
Searching the internet, I came across a Lease Addendum, this is 1 of the 6 items in the addendum.
"1. The Tenant/Lessee (the āTenantā) has received and read and shall fully, strictly comply with the Association Declaration, Articles of Incorporation, Bylaws, and Rules and Regulations, including without limitation, any rule(s) regarding tenants and/or leases (collectively called the āAssociation Documentsā) and the Tenantās failure to comply with the Condominium Documents or this Lease Addendum or any violation of law or statute shall constitute a default under this Lease and shall entitle the Associationās Board of Directors (the āBoardā) to terminate this Lease and take legal action, including without limitation, summary proceedings to evict the Tenant under the Colorado Forcible Entry and Detainer Statute. In the event of any such legal proceedings, the Tenant and Landlord/Lessor (the āLandlordā) shall be jointly and severally liable for all of the Associationās costs, expenses, and damages, including attorneyās fees."
I also love the #4 "If the Landlord fails to pay any Association Assessments or other sums when due, the Associationās Board may collect any rents due under this Lease and apply them against any such unpaid sums. If the Tenant fails or refuses to pay any rent or other sums owed, or otherwise violates this Addendum, the Board may proceed to terminate the Lease and bring summary proceedings to evict the Tenant"
The former owner, a lawyer, was 3 or 4 years behind on dues and had tenants most of the time. Yes we filed a lien, but the bank had a note on 15 or 20 of his properties which he had refinanced for ~150% what he paid and promptly quit paying.
Our by-laws state in several places we have the authority to evict a tenant, but nothing I saw would have given us authority, this seems to.
This addendum refers to "Colorado Forcible Entry and Detainer Statute". Does South Carolina offer anything similar? Can we as the HOA adopt this form to add to any lease?