Rental policy
HOA Consensus 11/8/00
- No unit owner shall lease or rent his/her unit unless the leasees or tenants under the lease or rental agreement expressly assume the existing responsibilities for owners or other occupants of units pursuant to rules and regulations. Each unit owner is responsible for providing prospective lessees or tenants of the owner’s unit a copy of the current Declaration, Bylaws, and rules and regulations of the Association. A copy of any proposed lease agreement shall be delivered to the Board of Directors.
Leasing and Rentals
13.10 Leasing and Rentals
Amended July 24, 2000 in the Declaration of Condominium Ownership
Unless otherwise authorized by the Board of Directors, no owner of a unit may lease or rent his unit, or any portion thereof, for a period of less than thirty (30) days, except that an owner may collect rent or share expenses with housemates. All leases or rentals shall be by written lease agreement, which shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Bylaws of the Association, and that any failure by the lessee or tenant to comply with the terms of such documents shall be a default under the lease. If the Board of Directors finds that a lessee or tenant has violated any provision of such documents or the rules and regulations adopted by the Board of Directors, the Board may require the owner to terminate such lease agreement. No owner of a unit shall lease or rent her/his unit unless the lessee or tenants under the lease or rental agreement expressly assume the existing responsibilities for owners or other occupants of units pursuant to the rules and regulations adopted by the Board of Directors. A copy of any proposed lease agreement shall be delivered to the Board of Directors. Each unit owner is responsible for providing prospective lessees or tenants of the owner’s unit with, a copy of the current Declaration, Bylaws, and rules and regulations of the Association.
Cascadia Bylaws
Notice of Sale, Mortgage, Rental or Lease
13.6 Notice of Sale, Mortgage, Rental, or Lease
Immediately upon the sale, mortgage, rental, or lease of any unit, unit owner shall promptly inform the secretary or manager of the name and address of said vendee, mortgagee, lessee, or tenant.
Consensus/participation rights of tenants
5/13/01
Consensus/participation rights of tenants will exclude condo doc amendments, leases, easements, or matters with significant implications for HOA and/or homeowner finance and property values. Implementation: meeting facilitators can invite anyone to participate in any discussion. This policy is for times when the process gets bogged down or tenants hold the only red cards.
Note: This policy was superseded in 2013
August 2015 HOA meeting
Edited record of the discussion
The facilitator group noted that issues of absentee landlords embed other issues, like operating agreements, legal issues, participation. They wanted to group it into pieces so that the discussion could be focused.
Operating agreement requirements for leases. Original statement in section13.10 of the declaration, then amended in first amendment of declaration even before building was built. Section in original document that was amended changed the responsibility from the HOA to the owner. Leases can be brought as proposals to the board even without designation of a specific renter. They do have to be reviewed as proposals.
Questions
- Do we want to have a special committee to review leases to expedite the process?
- HOA would need to approve the creation of this committee.
- Do we really need a rapid response team?
- Would we need a 48 hour turnaround time?
- Is there an example lease?
- Jennifer has put together a comprehensive lease that we could copy. We could consider a preapproved Cascadia lease, with a board review needed for any other leases or changes.
- The need to review the lease includes all leases, with no distinction made between renters and housemates, short-term or long-term.
- A suggestion that we form a subcommittee to write a template lease and review that with CC and HOA.
- A Suggestion to take out participation requirements for housemates and possibly for absentee landlords.
- Question if renters can be held to a different standard or to any standard when we do not have a standard for ourselves.
- Status of participation currently is tied to the norm for all active members, but not to the status of the owner, who may be inactive.
- Suggest that we establish a fine which may increase daily with an unapproved lease.
- ? role of consequences and what they would be.
- Suggestion for $500 per lease infraction.
- Suggestion for a per-month fine.
- Suggestion of an escalating fine.
- Suggestion for a decreasing fine.
- Purple card: Worry that a fine might put a person in a financially untenable position if an owner is unable to find a suitable renter.
- ? if we would eliminate the participation requirement. Concern that participation is still not defined enough to discuss this.
- Feeling that if someone is renting and using the CH, they should participate.
- Should we be creating a lease, or should that be the work of the owner’s interested in renting?
Straw poll: Are people in favor of having fines for owners who let renters move in without having their lease approved first. Raise hands if think it should be more than $500: no one raised hand. ***
Members of the Committee formed to further discuss this work: John Marsha, David C., Monica
Sep 2015 HOA Meeting
Edited record of the discussion
Right now, we have regulations in our legal documents but no process to enforce these regulations
Rather than draft a standard lease, they have drafted an addendum that could be added to any lease for the Cascadia required items:
- Renter is subject to the operating agreements of the community
- Renter has received a copy of the operative agreements
- Renter has received a copy of the mission, vision, values of the community
- Renter has received a copy of the participation requirements and that these are also in the operating agreements
Subject to discussion: the difference between someone renting and someone being a housemate
Penalties: The owner must use lease including suggested language, and a monetary penalty will be assessed if not using the language above. Penalties would be $500 per month of using an unapproved lease. Ideal solution: Owner knows in advance that a renter will be sought and seeks the rapid response team and provides the expected lease. Approval of the proposed lease would occur within 48 hours. The owner will have a preapproved lease ready for use. Rapid response team would be 3 representatives from CC and would confer with 3 units adjacent to the unit proposed for rental.
Questions
- What are the requirements for sub-renters?
- Are we going to include people who are renting a single room?
- Would every new tenant require a new lease review, or if the same lease is used, would that be okay
- Would all 3 members of the rapid response team have to approve?
- Is there going to be a boilerplate lease that someone could use that would be approved?
- Would a boilerplate addendum need to be approved by the rapid response team?
- Is the assumption that the community would have a copy of the lease once approved?
- Concern over stress over a punitive process in an issue that is just starting up
Short Term Rentals Policy*
[Note: Renter in this policy specifically refers to short-term renters only]
Owner needs to be living in the unit and present (for longer rentals that are more than a couple of days but shorter than 30, it is acceptable that the owner may be briefly absent, for example, no more than 72 hours). A designate will serve as a buddy during any period of time (w/in that 72 hour window) that the owner may be gone.
The renter is at the discretion of the owner. It is expected that the Owner will use reasonable consideration and discretion in determining whom to rent to (e.g., AirBnB reviews of renters). Renter and owner (or resident designate) will have face to face contact at the beginning of the rental period (to include orientation to policies and community life).
The owner must have appropriate insurance coverage to rent their unit. The owner agrees to be responsible for any damages in the common areas that their insurance does not cover, as well as that the HOA insurance does not cover, including any and all deductible costs.
Owner will inform community of renter (and identifying details – name, length of stay, car info, etc.) at least 24 hours ahead of renter’s arrival via sending out a notice to the current accepted group distribution list (which is currently via e-mail).
The owner is responsible for instructing the renter about where to park their vehicle and is responsible for the compliance of the renter in this regard.
Renters are not allowed in the shop unaccompanied*.
Renters are not allowed in the wetlands unaccompanied*.
Pets are discouraged but not prohibited, but if the renter has a pet who becomes problematic, the owner of the unit is ultimately responsible for the pet being cared for, and to intervene if the pet’s behavior becomes problematic. Outdoor pets must be on a leash and under control. The owner is responsible for orienting renters on what to do with pet feces.
Access and use to common house and play area are to be accompanied*.
The Task Force recommends that the Short Term Rental proposal if passed, has a sunset clause of one year in order to try it out and then modify and ratify as needed.
* Accompanied means that the renter is accompanied by the unit owner or another Cascadian who is knowingly accompanying the renter.
Non-Owner HOA meeting participation
HOA MEETING 2 10 13
REVISED PROPOSAL LANGUAGE:
It is proposed that all HOA meetings will continue to be referred to as “HOA Meetings” but will be conducted in an open meeting format whereby renters and non-owner residents may attend and participate in discussion at the discretion of the facilitator in the same manner available to unit owners. Renters and non-owners may participate in straw polls, and a straw poll may be done before all tests for consensus. Renters and non-owner residents may participate in discussions but not participate in a test for consensus or vote.