GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Our CC&Rs state,
"Any residence owner shall have the unrestricted right to lease their residence; provided, however, that the minimal lease period shall not be less than one (1) year of consecutive days. All leases shall be in writing and contain an acknowledgement by lessee to abide by the rules and regulations of the Association."
Our Articles of Incorporation state (under the "Powers" article),
"To establish a procedure for the Board of Directors to approve or disapprove all leases which owners would enter into in the leasing of their lots within [subdiv. name] and to establish restrictions and limitations for the leasing of residences."
We're in the midst of overhauling our Rules & Regulations and Policies & Procedures and one of the major goals is to tighten up the Rules on leasing. Note that the CC&Rs say "shall have the unrestricted right to lease" but them immediately lays out restrictions. The language in the Articles of Incorporation (which was recorded 3 mos before the CC&Rs) say the BoD can "approve or disapprove all leases", which is in contradiction to the "unlrestricted right to lease" called out in the CC&Rs. The response I get when I object to establishing a lease approval/disapproval procedure is that another section of the CC&Rs says,
"All residences shall be subject to the provisions of the Articles of Incorporation of the Association and the By-Laws thereof, and any amendments thereto and the terms thereof are expressly incorporated herein."
And that's supposed to elevate the wording in the Articles to the same level as the CC&Rs due to standard contract "inclusion by reference" doctrine.
I'm ready to walk away from the committee working on this because we have already had 4 multi-hour meetings in the last 6 weeks to discuss this one topic and I'm getting really frustrated because I think we're at the point where we're wasting our time. I'm not a lawyer, but if the rest of the committee want's to do something wacky then I feel, as a matter of some sort of conscience and duty, that I don't want my name associated with the thing at all, even if it's just Rules & Regulations.
Others on the committee have expressed great interest in amending the CC&Rs (later on this year) to prohibit all leasing. Trying to explain grandfathered status and hardship exemptions to them is like talking to a brick wall. Not a single one of the other 4 committee members seems to understand the issues.
I say we can promulgate additional requirements for an owner to submit additional information on his proposed tenants, including occupants and vehicles, a mandated clause that acknowledges the tenants have been provided with copies of our documents & rules and that they agree to abide by them. Any changes to occupancy or vehicles on the property without timely notice by the owner would incur some sort of penalty.
Any thoughts appreciated.
"Any residence owner shall have the unrestricted right to lease their residence; provided, however, that the minimal lease period shall not be less than one (1) year of consecutive days. All leases shall be in writing and contain an acknowledgement by lessee to abide by the rules and regulations of the Association."
Our Articles of Incorporation state (under the "Powers" article),
"To establish a procedure for the Board of Directors to approve or disapprove all leases which owners would enter into in the leasing of their lots within [subdiv. name] and to establish restrictions and limitations for the leasing of residences."
We're in the midst of overhauling our Rules & Regulations and Policies & Procedures and one of the major goals is to tighten up the Rules on leasing. Note that the CC&Rs say "shall have the unrestricted right to lease" but them immediately lays out restrictions. The language in the Articles of Incorporation (which was recorded 3 mos before the CC&Rs) say the BoD can "approve or disapprove all leases", which is in contradiction to the "unlrestricted right to lease" called out in the CC&Rs. The response I get when I object to establishing a lease approval/disapproval procedure is that another section of the CC&Rs says,
"All residences shall be subject to the provisions of the Articles of Incorporation of the Association and the By-Laws thereof, and any amendments thereto and the terms thereof are expressly incorporated herein."
And that's supposed to elevate the wording in the Articles to the same level as the CC&Rs due to standard contract "inclusion by reference" doctrine.
I'm ready to walk away from the committee working on this because we have already had 4 multi-hour meetings in the last 6 weeks to discuss this one topic and I'm getting really frustrated because I think we're at the point where we're wasting our time. I'm not a lawyer, but if the rest of the committee want's to do something wacky then I feel, as a matter of some sort of conscience and duty, that I don't want my name associated with the thing at all, even if it's just Rules & Regulations.
Others on the committee have expressed great interest in amending the CC&Rs (later on this year) to prohibit all leasing. Trying to explain grandfathered status and hardship exemptions to them is like talking to a brick wall. Not a single one of the other 4 committee members seems to understand the issues.
I say we can promulgate additional requirements for an owner to submit additional information on his proposed tenants, including occupants and vehicles, a mandated clause that acknowledges the tenants have been provided with copies of our documents & rules and that they agree to abide by them. Any changes to occupancy or vehicles on the property without timely notice by the owner would incur some sort of penalty.
Any thoughts appreciated.