Common use of Leasing Procedures Clause in Contracts

Leasing Procedures. The leasing of units and related dwelling shall conform to the following provisions: (1) A co-owner, including the Developer, desiring to rent or lease a unit and related dwelling shall do so in a written instrument, which incorporate, at least by reference, the Master Deed and Bylaws as recorded in the office of the Lenawee County Register of Deeds. (2) Tenants and non-owner occupants shall comply with all of the conditions of the Condominium documents, and all leases and rental agreements shall so state. (3) If the Association determines that the tenant or non-owner occupant has failed to comply with the conditions of the Condominium documents, the Association shall take the following action: i. The Association shall notify the co-owner by certified mail to his/her last known address, advising of the alleged violation by the tenant. ii. The co-owner shall have fifteen (15) days after receipt of such notice to investigate and correct the alleged breach by the tenant or advise the Association that a violation has not occurred. iii. If, after fifteen (15) days, the Association believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the co-owners on behalf of the Association or if it is under the control of the Developer, an action for eviction against the tenant or non-owner occupant and simultaneously for money damages in the same action against the co-owner and tenant or non-owner occupant for breach of the conditions of the Condominium documents. The relief provided for in this subparagraph may be by summary proceeding. The Association may hold both the tenant and the co-owner liable for any damages to the common elements caused by the co-owner or tenant in connection with the unit or the Condominium project. (4) When a co-owner is in arrears to the Association for assessments, the Association may give written notice of the arrearage to a tenant occupying a co-owner's unit a lease or rental agreement and the tenant, after receiving the notice shall deduct from rental payments due the co-owner the arrearage and future assessments as they fall due and pay them to the Association. The deductions shall not constitute a breach of the rental agreement or lease by the tenant.

Appears in 1 contract

Sources: Master Deed

Leasing Procedures. The leasing of units and related dwelling Units in the Project shall conform to the following provisions: (1) A coCo-owner, including the Developer, desiring to rent or lease a unit and related dwelling Unit shall do so notify the Association in writing at least 10 days before presenting a written instrument, which incorporatelease form to a potential lessee of the Unit and, at least by referencethe same time, shall supply the Association with a copy of the exact lease form for its review for its compliance with the Condominium Documents. If Developer desires to rent Units before the Transitional Control Date as defined in the Master Deed and Bylaws as recorded Deed, it shall notify either the Advisory Committee or each Co-~owner in the office of the Lenawee County Register of Deedswriting. (2) Tenants and nonor Non Co-owner occupants shall comply with all of the conditions of the Condominium documents, Documents and all leases and arid rental agreements shall so state. . (3) If the Association determines that the tenant or nonNon Co-owner occupant has failed to comply with the conditions of the Condominium documentsDocuments, the Association shall take the following action: i. (i) The Association shall notify the coCo-owner owner, by certified mail to his/her last known addressmail, advising of the alleged violation by the tenant.; (ii. ) The coCo-owner shall have fifteen (15) days after receipt of such notice to investigate and correct the alleged breach by the tenant or advise the Association that a violation has not occurred. (iii. If, ) If after fifteen (15) days, days the Association believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the coCo-owners on behalf of the Association or Association, if it is under the control of the Developer, an action for eviction against the tenant or nonNon Co-owner occupant and simultaneously occupant, and, simultaneously, for money . damages in the same action against the coCo-owner and tenant or nonNon Co-owner occupant for breach of the conditions of the Condominium documentsDocuments. The relief provided for in this subparagraph may . be by summary proceeding. The Association may hold both the tenant and the coCo-owner liable for any damages to the common elements Common Elements caused by the coCo-owner or tenant in connection with the unit Unit or the Condominium projectProject. (4) When a co-owner is in arrears to the Association for assessments, the Association may give written notice of the arrearage to a tenant occupying a co-owner's unit a lease or rental agreement and the tenant, after receiving the notice shall deduct from rental payments due the co-owner the arrearage and future assessments as they fall due and pay them to the Association. The deductions shall not constitute a breach of the rental agreement or lease by the tenant.

Appears in 1 contract

Sources: Master Deed