St. Andrews HOA c/o Morley Property Management, Inc. 32 Hampton Road Southampton, NY 11968

Transcription

1 c/o Morley Property Management, Inc. 32 Hampton Road Southampton, NY Dear Homeowner, Lease Package Effective January 1, 2002 PLEASE BE ADVISED THAT A HOMEOWNER WHO PROPOSES TO LEASE HIS/HER HOME MUST PROVIDE THE FOLLOWING ITEMS TO THE MANAGING AGENTS OFFICE. 1. A fully executed lease of a Home Unit, along with the forms attached. Landlords may insert additional terms that are deemed to be reasonable and necessary. 2. A non-refundable application fee of $ payable to St. Andrews HOA 3. A non-refundable processing fee of $ payable to Morley Property Management. 4. A refundable security deposit from the homeowner in the amount of $ payable to St. Andrews HOA, along with the Rental Acknowledgment form. This may be used by the Association to repair or restore damage to the Common Elements, if necessary, or for violation of the house rules 5. A signed affirmation stating that a copy of the Rules and Regulations of St. Andrews HOA has been received by the tenant, examined and understood. 6. A completed list of Occupants, in the form attached. The number of occupants of any unit is limited to not more than five (5) unrelated adults or a total of four (4) related adults and their children. 7. A Rider to Lease, in the form attached, signed by both owner and tenant. 8. Year round rental only: Proof of insurance that shows an endorsement that this home is rented to others. Your insurance agent will tell you the best policy to have.

2 RENTAL INFORMATION AND ACKNOWLEDGEMENT Form to be signed by owner and tenant and returned with security. The minimum rental period is ONE (1) month. The owner must post a security deposit in the amount of $ payable to St. Andrews HOA. Homeowners Name: Unit # Tenant s Name(s) Tenant s Home Address: Tenant s Home Telephone: Tenant s Business Telephone: Tenant s Cell Phone Number: Tenant s Social Security # I fully understand that any violation of House Rules and/or By-laws will cause the Homeowner s security deposit of $ to be forfeited. The Homeowner has the right to withhold such forfeiture from tenant s security. In addition, I (we) may not sublet any/or part of this lease to any other party or parties. I fully understand that NO PETS ARE PERMITTED. Signed: Tenant(s) Unit Owner(s) Date:

3 TENANT RULES AND REGULATIONS 1. Occupancy in each unit no exceeding five (5) unrelated adults or a total of four (4) related adults and their children. 2. There are no pets permitted on St. Andrews property by any tenants. 3. Washing of cars is strictly forbidden on the premises. 4. No parking or storing of commercial vehicles is permitted on the premises of St. Andrews HOA. 5. Each home has two (2) additional assigned parking spaces (in addition to the garage). 6. Tenants will be given a tennis court and pool area keys by the Homeowner. 7. Please drive slowly throughout the community. Observe the speed limit. If any of the above rules are not adhered to, a warning letter will be sent to the homeowner. If the problem continues, a fine will be levied on the homeowner. Hence, it becomes the homeowners responsibility to communicate with the tenant with regard to his/her violation of the particular rule. The fines: First Offense $ Second Offense $ Third Offense $ Signed: Tenant(s) Unit Owner(s) Date:

4 ACKNOWLEDGEMENT OF RECEIPT OF RULES & REGULATIONS I, the undersigned, have received and fully understand the Rules and Regulations Package for St. Andrews Homeowners Association. I agree to abide by all the Rules as set by the Association and understand the fine schedule above. I also understand that the Homeowners Association has the authority to withhold whole or part of the security deposit on file should any fines be due to the Association as a result of tenant actions. Signed: Tenant(s) Unit Owner(s) Date:

5 LIST OF OCCUPANTS This information is to be submitted along with the lease, tenant background data and fees to the Management office prior to tenant moving in. Unit # Lease Terms: Name of Proposed Residents/Relationship to Leaseholder: Residency is limited to single family occupancy, or occupancy by not more than five (5) unrelated adults, in accordance with the Town of Southampton Ordinance. We certify that the above represents a complete list of persons who will occupy the subject property during the term of the lease. Signed: Tenant(s) Unit Owner(s) Date:

6 ADDENDUM TO LEASE Landlord/Owner: Tenant: Unit #: Date: 1. Tenant hereby agrees that Landlord/owner may designate St. Andrews HOA HOA as landlord/owners attorney-in-fact for the purpose of bringing a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law to recover possession of the premises. Tenant hereby agrees to waive any defense to such a summary proceeding based on the fact that the proceeding is brought by the attorney-in-fact of the landlord/owner rather than the landlord/owner himself. 2. Tenant hereby agrees to abide by the terms of the Master Deed, By-Laws, House Rules of the St. Andrews HOA and any amendments or resolutions thereto, all of which are incorporated herein by reference and are hereinafter referred to in the aggregate as the association documents. Breach of any of the terms of these documents shall be considered a material breach of this lease. Landlord/owner hereby authorizes and empowers the BOD of St. Andrews HOA to bring summary proceedings on behalf of landlord/owner any time the board, in its sole discretion, deems tenant to be in breach of the lease or association documents. Landlord/Owner shall be responsible for all legal fees in connection therewith, which shall be deemed to be a lien against the unit as additional common charges. 3. In the event the landlord/owner fails to pay and keep up to date maintenance, assessments and/or reasonable legal fees incurred in efforts to collect said monies then and in that event only: a) The landlord/owner hereby assigns transfers and sets over to the St. Andrews HOA, all right, title and interest in and to rents and other charges due from the tenant to the landlord/owner. This stand-by assignment is given as security for and to the extent necessary to satisfy maintenance and/or assessment charges and late fees levied by the association including reasonable legal fees related thereto. b) Tenant is directed to pay the association all such rents and/or charges upon written notice by the association to do so. A copy of the notice shall be forwarded to the landlord/owner or his legal representative. The association shall retract the notice and terminate collection of said rents and charges from the tenant as soon as said monies including legal fees, if any, have been paid up to date. Any excess funds collected under this assignment will be refunded landlord/owner. 4. The lease may be terminated by the BOD of the association upon the failure of the landlord/owner to pay common charges or upon the breach by the landlord/owner of any of the terms of the association documents.

7 5. No non-residential use of the premises is permitted even if same if otherwise permitted under applicable municipal regulations. 6. Whenever tenant is required to obtain the consent of the landlord/owner under the terms of this lease or rider, tenant must also obtain the consent of the board of directors of the association. 7. Tenant shall not be permitted to make any alterations to the premises or install any equipment therein. Breach of this provision by the tenant shall be deemed to be a material breach of the lease. 8. It is specifically stipulated and agreed between landlord, tenant and the association, that the association shall have no liability of any nature whatsoever arising directly or indirectly out of the lease. Tenant and landlord/owner hereby hold the HOA of St. Andrews HOA and all of the unit owners thereof, harmless and indemnify them and defend them from all liabilities, actions, costs, charged and expenses, including but not limited to reasonable attorney s fees and expenses, which may be imposed upon, incurred by or asserted against the board of directors, arising directly or indirectly out of this lease. 9. Tenant may not assign all or any part of this lease. Tenant may not sublease all or any part of the premises. 10. This lease is subject and subordinate to all of the association documents. 11. Landlord/Owner agrees to pay a refundable security deposit in the amount of $750.00, payable to St. Andrews HOA, to be used by the association to repair or restore damage by tenants to the Common Elements, or for violation of rules and regulations or association documents. 12. Landlord/owner/tenant agrees to pay the HOA a non refundable application fee of $ Landlord/owner/tenant agrees to pay Morley Property Management a non refundable processing fee of $ By signing below, tenant acknowledges that tenant has received a copy of the lease, lease addendum and association documents, and understands their terms. 15. Landlord/owner warrants and represents that he maintains in full force and effect liability and hazard insurance on the unit, and that a copy of the insurance policy has been provided to the Morley Property Management. 16. The addendum is hereby incorporated in and made a part of the attached lease as if set for the therein at length. X Landlord/owner X Tenant X Dated X Dated

8 PLEASE NOTE: 1. No unit owner may lease his or her unit more than twice per year, with a minimum rental of 30 days per lease. Leases MUST be updated on an annual basis. 2. The lease must be for the entire unit and the unit owner is not permitted to use or occupy the unit or any part thereof, including recreational facilities during the term of the lease. 3. You will need the key from your landlord to gain access to the pool and tennis court. 4. Homeowner in arrears will not be permitted to leases their units. Violations will be assessed fines defined on page #3 5. The Town of Southampton requires unit owners to obtain a permit when renting your unit. Information and forms can be obtained by calling the Town of Southampton Building and Zoning department at X Landlord/owner X Dated