3.25 LEASING

For the purpose of this Declaration, “leasing” is defined as occupancy of a Plot by any person other than the Owner for which the Owner receives any consideration or benefit, including, without limitation, a fee, service or gratuity. The terms “lease,” “leasing,” and “renting” are used interchangeably in this Declaration. The term “Tenant” and “Lessee” are likewise used interchangeably. A house, attached villa, or condominium may be leased only in its entirety (e.g. separate rooms within the same residence may not be separately leased). No individual rooms may be rented and no transient tenants may be accommodated. “Rent-sharing” and subleasing are prohibited. All leases must be in    writing. All leases shall be for a minimum period of at least one (1) month. Leases shall specify (or shall be deemed to specify) that sub-leasing by lessee is not allowed. No Owner may rent all or a portion of a Plot more than three (3) times in any calendar year, even if a tenant defaults on a lease or abandons the Plot before expiration of the lease term. Only Owners in good standing and whose dues, fines and other assessments are current may lease their Plot.

 

1. Should an Owner wish to lease their Plot, they shall furnish the Association with a copy of the lease, along with the Associations standard application, and such other information as the Association may reasonably require a minimum of twenty (20) days prior to the start date of the lease for approval. The Board may, but shall not be obligated or have the duty to, conduct criminal background investigation in connection with proposed leases. Upon receipt of all information and fees required by the Association, the    Association shall have the duty to approve or disapprove all proposed leases. If the Board neither approves nor disapproves a completed application within 20 days after a completed application has been received and all specified fees paid, its failure to act shall be deemed the equivalent of approval, and on demand the Board or its designee shall issue a written letter of approval to the lessee. No person may occupy a Plot as a tenant or a family member of a tenant without prior approval of the Board. If the Association disapproves a proposed lease or renewal or extension, the Association shall neither have a duty to provide an alternate tenant nor shall it assume any responsibility for the denial of a lease if denial is based upon any of the following factors:The Person seeking approval (which shall hereinafter include all proposed Occupants or Residents) has been convicted of, pled no contest to, or has been released from incarceration, probation or community control for:a capital, first or second degree felony involving violence to Persons within the past ten (10) years; or any drug offence involving the manufacture and/or distribution of illegal drugs regardless of when that conviction, plea or release occurred; or

(b)        a felony involving sexual battery, sexual abuse, or lewd and lascivious behavior regardless of when that conviction, plea or release occurred;

• The Person seeking approval has been labeled a sexual offender or a sexual predator by any governmental or quasi-governmental agency regardless of when that label occurred;
• The Person seeking approval is currently on probation or community control for a felony involving violence to another or damage to or theft of property;

(iv),     The application for approval on its face, facts discovered in connection with the Association’s investigation, or the conduct of the applicant, indicate that the Person seeking approval intends to conduct himself in a manner inconsistent with the Governing Documents. By way of example, but not limitation, a Tenant taking possession of the premises prior to approval by the Association as provided for herein shall constitute a presumption that the applicant’s conduct is inconsistent with the Governing Documents and may constitute grounds for denial;

• The Person seeking approval has a history of disruptive behavior or disregard for the rights and property of others as evidenced by his conduct in other housing facilities or associations, or by his conduct in this Community as a Tenant, Resident, Occupant or Guest;
• The Owner or Person seeking approval has failed to provide the information, fees or appearances required to process the application in a timely manner or has made material misstatements or withheld material/information during the application process; or
• All Assessments, fines and other Charges and monetary obligations against the Plot and/or Owner have not been paid in full.

1. The Owner or tenant seeking approval of a lease of a Plot shall pay a transfer/application fee for each applicant in an amount determined annually by the Board. No charge shall be made in connection with an extension or renewal of an annual lease.
2. Each lease shall set forth the name, address, telephone number and e-mail address (if applicable) of the Owner and of the tenant(s); the date the tenant’s occupancy commences and ends; each motor vehicle to be parked on the Property by the tenant or members of the tenant’s household; and a description of all pets to be kept in the

All leases shall include, or shall be deemed to include, an acknowledgement by the tenant that the tenant and all occupants of the leased plot are bound by and obligated to comply with the Governing Documents and the tenant has received a copy of the Covenants of the Association. The Owner shall be responsible for providing a copy of the Covenants and any Rules and Regulations of the Association to the tenant prior to execution of the lease and monitor enforcement and compliance with the Covenants of the Association by the tenant. If a Tenant, Resident, other Occupant, Guest or Invitee fails to abide by the Governing Documents, the Owner(s) shall be responsible for the conduct of the Tenants, Residents, Occupants, Guests or Invitees and shall be subject to all remedies set forth in the Governing Documents and Florida law, without waiver of any remedy available to the Association as to the Tenant. The Owner shall have the duty to bring his Tenant’s conduct (and that of the other Residents, Occupants, Guests or Invitees) into compliance with the Governing Documents by whatever action is necessary, including without limitation the institution of eviction proceedings without notice to cure, where legally permissible.

The Association shall have the right to enforce the Covenants, Conditions and Restrictions set forth in the Governing Documents. The liability of the Owner under the Governing Documents shall continue notwithstanding the fact that he or she may have leased or rented his or her interest in the Plot as provided herein. The Association shall not be bound by any provisions in the lease or other agreements between Owner and his/her tenant requiring prior notice or imposing other conditions on the rights of the Association.

1. Should the Board find a violation by the Owner or tenant of the rental rights described above, the Board may, among other things, take any of the following actions:

• Pursuant to the Homeowners’ Association Act, the Board may, but is not obligated to, impose reasonable fines against and suspend Common Area use rights of any Member or any Members’ Tenant, Guest, or Invitee for the failure of the Owner or its Occupant, Licensee or Invitee to comply with any provision of the Governing
• If the Owner fails to bring the conduct of the Tenant into compliance with the Governing Documents in a manner deemed acceptable by the Association, or in other circumstances as may be determined by the Board, the Association shall have the authority to act as agent of the Owner to undertake whatever action is necessary to abate the Tenants’ noncompliance with the Governing Documents (or the noncompliance of other Residents, Occupants, Guests or Invitees), including without limitation the right to terminate a lease and/or institute an action for eviction against the Tenant in the name of the Association in its own right, or as agent of the Owner. The Association shall have the right to recover any costs or fees, including attorneys’ fees, incurred in connection with such actions, from the Owner which shall be secured by a continuing lien in the same manner as Assessments for Common Expenses, to wit, secured by a Lien for Charges.
• Any Neighborhood Association(s) subject to the Governing Documents of Lely Country Club whose Neighborhood Covenants also contain regulations and restrictions regarding the leasing of Dwelling Units shall be subject to those regulations and The leasing regulations and restrictions contained in Section 3.25 of this Declaration shall not supersede leasing regulations and restrictions contained in Neighborhood Covenants and apply only to those Plots and Neighborhood Associations without leasing restrictions. Should an owner be in receipt of one or more fully executed rental contracts prior to recordation of this amendment, said contracts may be honored. To be approved, a contract must be fully executed prior to the recordation date of this amendment and a copy of said contract must be provided within 30 days of recordation of this amendment to the Lely Country Club Property Owner’s Association, Inc. Board of Directors, or their designees. Contracts may be approved only if the rental period begins within six (6) months of recordation of this amendment.  Approved contracts will not be counted towards an owner’s 3 times a year maximum as described in the opening paragraph of this amendment. Any contracts dated after recordation,  MUST conform to the amendment.