OAKLEY PLACE HOMEOWNERS ASSOCIATION

Transcription

1 OAKLEY PLACE HOMEOWNERS ASSOCIATION RENTAL APPLICATION PACKET The following documents make up this rental packet: 1. Description of the leasing process and criteria - 2 pages 2. Owner Application to Rent Home - 1 page 3. Southshore Property Management/ Oakley Place HOA Background Screening Authorization - 1 page 4. Allstar Backgrounds Tenant Screening Release form - 1 page 5. Oakley Place HOA tenant application - 3 pages 6. Uniform lease exhibit - 3 pages 7. Copy of Amendment 2 to Oakley Place HOA governing documents implementing a lease application process - 5 pages. Documents 2 through 6 need to be completed and returned before the application will be considered. Partial submissions will not be accepted. Non-compliance with the rental approval process can result in a $500 fine, rejection of the rental application and a lawsuit for the removal of the unapproved occupant(s). The owner and unapproved occupant(s) will be jointly and severally liable for the attorney fees and costs. If you have any questions regarding the rental application process or the criteria we use for tenant selection, please do not hesitate to contact us. Sincerely, Southshore Property Management SouthShore Property Management 611 Destiny Drive. Ruskin, FL Phone: (813) Fax: (813)

2 Introduction OAKLEY PLACE HOMEOWNERS ASSOCIATION Leasing Process & Criteria On August 8, 2014 Oakley Place HOA adopted an amendment to its governing documents and instituted a rental process by which ALL proposed leases are subject to an approval process. Process 1. At least 14 days before the commencement of the proposed lease, the owner must submit the Association's application together with a $125 application fee and a copy of the proposed lease including the Association's Uniform Lease Exhibit signed by all parties. 2. The Association shall have 14 days from receipt of the application to approve or disapprove the lease. The 14 days does not begin to run until all items listed on the 'Owner's Application to Rent Home' are received to the satisfaction of the Association. 3. If the lease is approved, the applicant is required to provide a refundable security deposit of $750 to Oakley Place Homeowner's Association BEFORE the tenants may move in. 4. Tenants are not permitted to move into the property before Association approval is issued. Non- Compliance Non-compliance with the rental application process can result in a $500 fine, rejection of the rental application and a lawsuit for the removal of the unapproved occupant(s). The owner and unapproved occupant(s)will be jointly and severally liable for the attorney fees and costs. Restrictions - See attached Amendment 2 to Declarations for full rental restrictions. The highlights are:-. For a rental application to be processed, the owner's HOA account must be current and in good standing. No lease may have a term of less than one year. No more than 2 rentals are permitted per 18 month period. Units shall be used for single family residential purposes only. No sub-letting or room letting is permitted. No more than 2 occupants per bedroom are permitted. No vehicles with commercial signage, work-trucks with ladder racks, trailers or watercraft are permitted. Due to restrictions on overnight on-street parking, ALL vehicles must be parked in the garage and/or on the driveway overnight. All others will be towed. Pets All pets residing in the property must be detailed on the application. No more than 2 dogs or cats will be approved. Dogs must be less than 50lbs. Tenant may NOT breed their pets. Due to insurance liability issues, the Association will not accept certain breeds of dogs or any mix that include, but not limited to: Rottweiller, Doberman Pinscher, Pit Bull (A.K.A. Staffordshire Terriers), Bull Terriers, wolf hybrids, German Shepherds, Chows, Huskies or Malamite. The Association reserves the right to deny any other breed as they may determine.

3 Rental Criteria A credit score of 600 or better for all applicants A minimum of five (5) years residential history. Selection criteria include credit history and Civil Court Records, including slow pays, judgments, eviction filing, collections, liens or bankruptcy within the past three (3) years. All Bankruptcies must be fully discharged. No more than 5 items in collections. Criminal records must contain no convictions for felonies or adjudication withheld within the past seven (7) years or misdemeanors pertaining to offenses regarding illegal drugs or crimes against persons or property within the past seven years. If an arrest record exists, the applicant must provide written verification from proper authorities as to final disposition of innocence or case dropped. Previous rental history reports from landlords must reflect timely payment, sufficient notice of intent to vacate, no complaints regarding noise, disturbances or illegal activities. All adult applicants over the age of 18, excluding dependent children, must submit a fully completed, dated and signed residency application. Each applicant must provide a government issued photo ID. These standards are the minimum requirement. Each application will be reviewed on a case by case basis by the board for approval or rejection. The board has the right to reject any lease for any reason not expressly covered in the rental criteria detailed above. If an application is rejected the owner shall not lease his or her unit to that applicant. Oakley Place HOA proudly follows non-discrimination policies and abides by all Fair Housing Laws. We will not discriminate on the grounds of race, color, national origin, religion, sex, familial status or handicap.

4 Security Deposit Notice Regarding the Lease dated between ( Landlord ) and ( Tenant ) concerning the property at This notice is issued in accordance with Florida Statute Being located in the community of Oakley Place, the Property lease is subject to the rental restrictions instituted by Oakley Place Homeowners Association of Manatee County Inc (The Association) which includes the payment of a refundable $750 security deposit to The Association. Therefore, the Tenant's security deposit of $ received by the Landlord shall be assigned as follows:- The amount of $750 shall be deposited by Oakley Place Homeowners Association of Manatee County Inc in a non-interest bearing account held with Wells Fargo Bank, 7112 Us highway 301N, Ellenton, FL The balance of $ shall be held with Bank, at (address). The account is / is not* an interest bearing account. All other terms and conditions of the lease agreement remain in full force and effect unless in conflict with this agreement whereby the terms of this agreement shall be binding. Tenant Date Tenant Date Landlord Date

5 OAKLEY PLACE HOMEOWNERS ASSOCIATION OWNER APPLICATION TO RENT HOME, Ellenton, FL Rental Property Address Owner name(s) Contact name (for Corporate owner / managed properties) Contact phone Fax Contact Address Proposed lease start date to end date Signature/Date Signature/Date Please enclose a check for $125 for application processing payable to Southshore Property Management. The Association has 14 days from the date of receipt of this application to approve the tenants. Upon lease approval, a security deposit of $750 payable to Southshore Property Management is required to be deposited with the Association BEFORE the tenants may move into the property. Document checklist Please make sure that the following documents are signed and returned. The application will not be processed unless all forms are fully and legibly completed:- 1. Owner Application (this page) 2. Southshore Property Management/Oakley Place HOA background screening authorization 3. Allstar Backgrounds tenant screening release form 4. Oakley Place HOA Rental Application 5. Fully executed copy of the proposed lease. MUST be signed by all parties 6. The completed Uniform Lease Exhibit which will form part of the lease 7. Check for $125 payable to Southshore Property Management Return complete rental packet to:- Southshore Property Management, Dept Oakley Place, 611 Destiny Dr, Ruskin, FL 33750

6 OAKLEY PLACE HOA - BACKGROUND SCREENING AUTHORIZATION By signing below and completing the attached authorization for AllStar Backgrounds to perform screening of your criminal history, credit history, rental/address history, or other search as outlined in the release form, you acknowledge that this screening is being performed by Oakley Place Homeowner's Association Co-ordination of screening process will be overseen by SouthShore Property Management and results of such screening shall be distributed to the Board of Directors and any committee duly appointed to oversee the rental screening processes as well as legal counsel. Any information obtained will become part of the official records of the Association in which application is being made. Applicant Name: Co-Applicant Name: Street Address of rental home By signing below, I authorize SouthShore Property Management to distribute all screening information collected to the Board of Directors or appointed committee for the above referenced association and understand this information will become part of the official records of the Association. Applicant's signature Date Co-applicant's signature Date Please Return Form Via: US Postal Mail Fax 611 Destiny Drive, Ruskin, FL info@southshoremgmt.com SouthShore Property Management 611 Destiny Drive. Ruskin, FL Phone: (813) Fax: (813)

7 TENANT SCREENING RELEASE FORM NOTICE TO APPLICANT REGARDING BACKGROUND INVESTIGATION Notice is hereby given that OAKLEY PLACE HOMEOWNER'S ASSOCIATION / SOUTHSHORE PROPERTY MANAGEMENT ( Requestor ) intends to instruct ALLSTAR BACKGROUNDS, a Consumer Reporting Agency, as defined by the Fair Credit Reporting Act ( FCRA ), to obtain information about you in the course of Requestor s consideration of your application for tenancy. Thus you may be the subject of a consumer report, or possibly an investigative consumer report, defined by the FCRA as a background report that includes information about one s character, general reputation, personal characteristics and mode of living, and that might involve personal interviews with sources such as neighbors, friends or associates. Reports may include your Credit Report and reports may be obtained at any time after receipt of authorization and may be updated periodically if you remain a tenant, as permitted by law. The scope of this notice and authorization is all-encompassing, allowing Requestor and its agent to obtain from any outside organization all types of consumer reports and investigative consumer reports now and throughout the course of your tenancy, to the extent permitted by law. APPLICANT S ACKNOWLEDGMENT AND AUTHORIZATION By signing below, I acknowledge receipt of a NOTICE REGARDING BACKGROUND INVESTIGATION and A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT and certify that I have read and understand both documents. Furthermore, I hereby authorize the obtaining of consumer reports and/or investigative consumer reports at any time, as long as I remain an employee, volunteer or tenant of Requestor, to the extent permitted by law. To this end, I hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, institution, school or university, information service bureau, employer, drug screening firm, reference, landlord, and/or its record custodian, to furnish any and all background information sought by Requestor or by ALLSTAR BACKGROUNDS, acting on Requestor s behalf. I agree that a photocopy or fax of this Authorization shall be as valid as the original. I understand that I may contact ALLSTAR BACKGROUNDS to request a copy of any Consumer Report about me, if one is obtained by Requestor. I understand that I have the right, upon written request made within a reasonable time, to inquire about the nature and substance of the information about me contained in ALLSTAR BACKGROUNDS s files. I understand that I have the right to inspect those files during regular business hours, having given reasonable notice and provided proper identification, and that I may be accompanied by one other person. I understand that I should direct such a request to ALLSTAR BACKGROUNDS, and that ALLSTAR BACKGROUNDS is required to make available to me someone who can explain the contents of my file. By checking this box, I indicate that I would like to receive a copy of any Investigative Consumer Report about me, if one is obtained by Requestor. First applicant's signature Date Second applicant's signature Date

8 FIRST APPLICANT Oakley Place Homeowners Association Rental Application Full Legal Name Maiden Name / AKA's Social Security # Date of Birth Drivers Lic State issued Expiry Date Cell phone Work phone address PLEASE PROVIDE 5 YEARS OF ADDRESS HISTORY Current address City State Zip Years/Months Name of current landlord Phone Fax Previous address 1 City State Zip Years/Months Previous landlord 1 Phone Fax Previous address 2 City State Zip Years/Months Previous landlord 2 Phone Fax EMPLOYER INFORMATION - PLEASE PROVIDE 5 YEARS OF HISTORY Employer Supervisor's Name Phone From / To Employer Supervisor's Name Phone From / To Employer Supervisor's Name Phone From / To Signature Date

9 Oakley Place Homeowners Association Rental Application SECOND APPLICANT (reprint this page for additional applicants) Full Legal Name Maiden Name / AKA's Social Security # Date of Birth Drivers Lic State issued Expiry Date Cell phone Work phone address PLEASE PROVIDE 5 YEARS OF ADDRESS HISTORY Current address City State Zip Years/Months Name of current landlord Phone Fax Previous address 1 City State Zip Years/Months Previous landlord 1 Phone Fax Previous address 2 City State Zip Years/Months Previous landlord 2 Phone Fax EMPLOYER INFORMATION - PLEASE PROVIDE 5 YEARS OF HISTORY Employer Supervisor's Name Phone From / To Employer Supervisor's Name Phone From / To Employer Supervisor's Name Phone From / To Signature Date

10 NAMES OF ALL OTHER OCCUPANTS OF THE HOME Name Relationship Name Relationship Name Relationship Name Relationship Name Relationship Name Relationship Name Relationship Name Relationship PETS Type (cat/dog etc) Breed Color Weight Name Type (cat/dog etc) Breed Color Weight Name Type (cat/dog etc) Breed Color Weight Name VEHICLES Make/ Model/Year License # Make/ Model/Year License # Make/ Model/Year License # Make/ Model/Year License # Make/ Model/Year License # Make/ Model/Year License #

11 UNIFORM LEASE EXHIBIT THIS ADDENDUM (the Addendum ) to that certain Lease dated (the Agreement ) by and between ( Lessor/Landlord ) and ( Lessee/Tenant ) regarding the property at, Ellenton, FL is made and entered into by the Lessor and Lessee as of this day of, 20 W I T N E S S E T H: WHEREAS, the parties have heretofore executed the Lease; and WHEREAS, the parties desire to add to the provisions of the Lease as hereinafter set forth; and WHEREAS, the parties intend to make OAKLEY PLACE HOMEOWNERS ASSOCIATION OF MANATEE COUNTY, INC. ( Association ) a third party beneficiary of the Lease; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) the mutual covenants herein exchanged, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby recite and agree as follows: 1. Recitals. The statements contained in the recitals of fact set forth above are true and correct, and are, by this reference, made a part of this Addendum. 2. Compliance with Governing Documents. Lessee and all occupants residing with Lessee hereby acknowledge that the leased premises are subject to restrictive covenants enforced by the Association. Lessee and Lessor hereby acknowledge that Lessor has provided Lessee a copy of the Declaration of Maintenance and Land Use Provisions of Oakley Place Homeowners Association of Manatee County, Inc. the By-Laws and the Rules and Regulations and other governing documents of the Association including any Amendments (collectively hereinafter referred to as the Governing Documents ) and Lessee and occupant have been afforded the opportunity to review them. Lessee and occupant hereby agree to comply with and abide by all of the provisions of the Community Documents and all amendments thereto pertaining to the use and occupancy of the leased premises; provided, further, the Lessee and all occupants acknowledge that the Governing Documents are applicable and enforceable against any person occupying a leased premises to the same extent as against an Owner. 3. Association as Lessor s Attorney-in-Fact. In order to facilitate the Association s duty to maintain a community of congenial residents and occupants of the home and to protect the value of the homes and further continuous harmonious development of the community, the Lessor appoints the Association as its true and lawful attorney-in-fact with full power of substitution for the limited purpose of: (1) evicting Lessee and all occupants for any violation of the Governing Documents; provided however Lessee shall be entitled to cure any violation by the means provided in the Governing Documents; (2) employing such attorneys, agents, or professionals as shall be required for such purposes; (3) collecting, settling and compromising all outstanding payments due from Lessee in connection with the leased premises; (4) prosecuting and defending all actions or proceedings in connection with the leased premises and the eviction of the Lessee; and (5) doing every act that Lessor might do in its own behalf to

12 fulfill its obligations under the Governing Documents. Lessor and Lessee hereby agree and acknowledge that this power of attorney, which shall be deemed a power coupled with an interest, cannot be revoked. 4. Injunctive Relief. Lessee and all occupants as well as Lessor agree that money damages would not be sufficient remedy for any breach of the Lease or violation of the Community Documents and that, in addition to all other remedies, the Association shall be entitled to injunctive or other equitable relief as a remedy for any such violation of the Governing Documents. The Lessor agrees to assign to the Association any and all of its rights which the Association may deem necessary to obtain such injunctive relief upon written demand by the Association, and the Lessee hereby agrees to consent to such assignment. Lessor hereby agrees that in the event it shall become necessary for the Association to cause the Lessee to be removed from the leased premises by initiating an action the Lessor shall be responsible for all costs, charges and expenses of the Association in connection with such action, which shall be added to and become part of the assessment (as that term is defined in the Declaration) against that Lessor s Unit secured by a lien upon the property against which such assessment is made in accordance with the Declaration. 5. Delinquent Payment of Assessments. All parties agree that in the event that the Owner/Lessor becomes delinquent in assessments due to the Association at any time during the term of a lease, the Association, or its agent/attorney may request that the Lessee make all payments of rent due and owing under the Lease directly to the Association. Such payments shall be applied to the delinquent account of the Lessor. The Lessee s failure or refusal to make such payment directly to the Association shall be grounds for legal action, including, but not limited to, eviction or injunctive relief, by the Association as an intended third party beneficiary to this Lease between the Lessor and Lessee. 6. Indemnification. The Owner/Lessor shall indemnify and hold the Association harmless against all liabilities imposed or sought to be imposed against the Association as a result of the Association s actions or failure to act pursuant to this provision. 7. Attorney Fees and Costs. The cost of all legal action taken by the Association including, but not limited to, attorney s fees, costs and investigatory expenses shall be paid for by the Owner/Lessor and Lessee jointly and severally. 8. Sublease. Lessee may not sublease the leasehold property, in part or in whole. 9. Single Family Residential Purpose. Only the Lessee(s) and other approved occupants identified in the Lease application, overnight guests staying for Fourteen (14) days or less with the Lessee, and professional caregivers are allowed to occupy the unit.

13 IN WITNESS WHEREOF, the parties have executed this Addendum on the day and year first above written. LESSOR/LANDLORD Signature of Witness Printed Name of Witness Print Name Signature of Witness Print Name of Witness "LESSEE/TENANT 1" Signature of Witness Printed Name of Witness Print Name Signature of Witness Print Name of Witness LESSEE/TENANT 2 Signature of Witness Printed Name of Witness Print Name Signature of Witness Print Name of Witness

14

15

16

17

18