ARTICLE 15
LEASING
The Board shall have the power to make and enforce reasonable rules and regulations and to fine, in accordance with the Master Deed and By-Laws, in order to enforce the provisions of this Article.
15.2. Leasing Provisions.
(b) Compliance with Master Deed, BY-Laws, and Regime Rules.
Use of Common Elements and Liability for Assessments.
(iii) Liability for Assessments. When a Unit Owner who is leasing his or her Unit fails to pay any annual special, or specific assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Board, lessee shall pay to the Association all unpaid annual, special, and specific assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by lessee. However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board's request. All such payments made by lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to lessor. If lessee fails to comply with the Board's request to pay assessments or other charges, lessee shall pay to the association all amounts authorized under this Master Deed as if lessee were an Owner. The above provision shall not be construed to release the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.
(vi) Condition of Leased Premises: Repairs: Use of Leased premises.
(b) In addition to the foregoing, Tenant specifically agrees that the use of the Leased Premises shall conform to the following:
(3) Remedies of the Association. The owner of the Leased Premises and Tenant acknowledge that the Association is a third party beneficiary of the Lease and that the Board shall, after thirty (30) days written notice to the owner of the Leased Premises, have the power to terminate the Lease as if it were the owner of the Unit, or to bring summary proceedings to evict the Tenant in the name of the owner of the Unit in the event of a default by the Tenant in the performance of the terms of the Lease or the Regime Documents and Regime Rules, and the owner of the Unit hereby appoints the Board and its agents as his or her attorney-in-fact to take all such actions that it deems appropriate on his or her behalf. AH costs and attorney's fees incurred by the Regime to evict the Tenant will be assessed against the Unit and the owner thereof.
(4) Landlord Responsible for Assessments. Landlord and Tenant acknowledge that it is the responsibility of the Landlord to pay all fees and assessments charged against the Unit here leased in accordance with the Regime Documents and Regime Rules. In case of nonpayment of assessments or other charges by Landlord, the Association, or its authorized agent, is hereby authorized by Landlord to collect all delinquent assessments and charges directly from Tenant and Tenant is hereby granted by Landlord the right to deduct such amounts paid to the Regime from the rental due Landlord.
(5) Binding Effect. It is mutually understood and agreed that all the covenants and agreements contained herein shall be binding upon and inure to the benefit of their heirs, personal representatives, successors and assign of the Landlord, Tenant, and the Association. Further, the parties agree that all the covenants and agreements contained herein shall be deemed to be part of the lease agreement itself and incorporated entirely within the lease as if included therein originally. Further, the parties agree that, in case of conflict between the lease Agreement and Article 15 of the Master Deed, the provisions of Article 15 of the Master Deed shall prevail. Further, the parties agree that the singular shall include the plural and the male gender include the female, or both male and female, whenever the context shall so require. In the event that two or more persons or entities are listed above as Tenants, the liability of such persons or entities shall be joint and several.
Thank you,
Jennifer Seabrook
Certified Manager of Community Associations (CMCA)
Association Management Specialist (AMS)
Accredited Association Management Company (AAMC)
Community Manager
Community Management Group
O: 843-795-8484 x329
F: 843-795-8482
www.CMGCharleston.com
