Control Renters' Behavior in Community
Many associations allow their members to rent out their units, provided they follow association guidelines regarding how this is done. But it’s the association that ends up having the sometimes onerous task of controlling renters’ behavior on a day-to-day basis. You can do this by creating a lease addendum containing protections for you with regard to renters, and passing a rule requiring members to attach the addendum to any lease they sign for their unit.
Members Must Use Attachment
To get members to attach the association’s lease addendum to the primary lease they sign with renters, pass a rule requiring them to do so. Your rule needn’t be long, and in fact, shouldn’t go into detail about what the addendum should say. That’s best left for the addendum itself. By keeping the rule basic, you’ll have the flexibility to change the addendum from time to time without having to pass a new rule. Since the association can’t anticipate everything that could happen, it will probably want to change its addendum as new situations arise.
Your rule should simply say that any member who rents his unit must have the renter sign, in addition to the primary lease, the lease addendum provided by the association. And your rule should say that the association can change the terms of its lease addendum from time to time.
Include Six Key Items in Lease Addendum
A comprehensive lease addendum should cover these six important items:
- Renter must follow association’s governing documents;
- Lease addendum takes precedence over primary lease;
- Governing documents take precedence over lease;
- Common elements can be used by renter or member, but not both;
- Renter must register car with association; and
- Association authorized to enforce lease.
For more tips and Model Language that you can use to ensure that renters have a positive influence on your community, see “Pass Rule Requiring Lease Addendum for Renters,” available to subscribers here.