Landlord and tenant issues can be challenging to associations. One common issue that arises is that the lease used is either too generic or does not reference the association’s governing documents. At a minimum, a lease should be drawn up with language stating: “Lessee is a party to the Association’s Governing Documents and will comply with all such Governing Documents”.
For example, if an association’s governing documents have a restriction on boats and boat trailers, and a tenant’s lease does not forbid boats and trailers or reference a tenant’s compliance requirements with regard to the governing documents of the association, the landlord and/or owner can be in a difficult position. The association board of directors could call the owner of the home to a hearing and begin fining for the non-compliance of the governing documents, but the owner may have no legal method to force the tenant to remove the boat and trailer from the property because the lease does not require the tenant to comply with the association’s governing documents.
Landlords need to be encouraged to retain legal counsel when drawing up a lease. Landlords also need to provide the tenant with all the association’s governing documents.
Copyright – William Douglas Management, Inc. 2016