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Letter to Residents Renting Their Unit

Before renting your unit, please review all of the below information and contact Management with any questions.

Guidelines in the Condominium Declaration

Please review ARTICLE VIII LEASING OR RENTAL OF UNITS in the Condo Declaration:

ARTICLE VIII 
LEASING OR RENTAL OF UNITS

a)    Tenants Must Comply with Declaration:  All lessees, tenants, invitees, and other non-Unit Owner occupants of a Unit shall comply in all respects with the provisions of the Declaration, Bylaws, and all Rules and Regulations.  All leases, rental, and other agreements shall be in writing and so clearly state, as well as that failure of the lessee, tenant or other occupant to comply with the terms of said documents shall be a default under the lease, rental and/or any other agreement and such default, if not cured, shall give the Landlord or the Association authority to evict the tenant.
b)    Tenant Information and Obligations:  A Unit Owner desiring to lease or rent a Unit for any amount or period of time, shall disclose that fact in writing to the Association at least ten (10) days before presenting a lease to a potential lessee or renter of the Unit and, at the same time, shall supply the Association with a copy of his/her Salt Lake City rental business license and a copy of the lease form (which need not include the name of the prospective new tenant) for the Association's review of the form's compliance with this Article VII of the Declaration. Together with the lease, the lessee shall also sign a lease addendum with the Association obligating him or her to follow the Declaration, Bylaws, and all other Rules and Regulations of the Association. The Association will receive and retain copies of all signed leases. The Association will also at that time require that the prospective lessee or renter, before executing a lease for a Unit in the Condominium Project, understand the operation of the Condominium Project and therefore meet with the Management Committee or its designee, tour the Condominium Project, and receive such information concerning the operation of the Condominium Project and the obligations of a lessee of a Unit therein as the Association determines is appropriate. 
c)    Recourse for Tenant's Noncompliance:  If the Association determines that a lessee, tenant or other non-Unit Owner occupant has failed to comply with any of the conditions of any of the documents discussed in section a) hereinabove, the Association may, at its option and without waiving any rights if it does not, take the following actions:
1)    Notification of Unit Owner:  The Association may notify the Unit Owner as provided in Article XXVII advising him of the alleged violation by the lessee, tenant, or other occupant.
2)    Resolution by Unit Owner:  The Unit Owner would then have twenty (20) days after receipt of such notice to investigate and correct the alleged breach by the lessee, tenant, or other occupant and correct the alleged breach, advise the Association that a violation has not occurred, or otherwise amicably settle the situation with all concerned.
3)    Eviction of Tenant:  If after twenty (20) days the Association believes that the alleged breach is not cured, may be repeated, or its solution has not been satisfactorily settled on, it may institute on its own behalf or derivatively by the Unit Owner on behalf of the Association an action for eviction against the lessee, tenant or other occupant of the Unit and simultaneously, or separately, one for money damages against the same and the Unit Owner for breach of the condition(s) in question. The relief provided for in this section may be by summary proceedings and the Association may hold any or all of the parties involved liable for any and all damages caused by the lessee, tenant, or other occupant of the Unit in question or by any of their family, servants, guests, or invitees.
d)    Tenant to Pay for Unit Owner's Arrears:  If a Unit Owner is in arrears to the Association for any Common Expense, other assessment(s), fine(s), and/or any other fees or costs, the Association may give written notice of the arrearage to the lessee, tenant, or other occupant occupying the Unit in question and the lessee, tenant, or other occupant shall, after receiving the notice, deduct from his/her rental or lease payments due to the Unit Owner the arrearage and future assessment(s) and fine(s) as they fall due and pay them to the Association. These deductions shall not constitute a breach of the lease, rental, or other agreement by the lessee, tenant, or other occupant of the Unit in question.
e)    Long -Term Rentals:  No Unit Owner is permitted to lease or rent his/her Unit for transient or hotel purposes or for an initial term of less than six (6) months without prior, written approval from the Management Committee.  Notwithstanding these restrictions, it is permitted to time the lease(s) in such a way that they end at a time that is appropriate to the Lessee's or Unit Owner's needs, such as the end of the school year. Rentals for one continuous period of more than twelve months require the prior written permission of the Management Committee. No Unit Owner is permitted to list his/her Unit on Air BNB, VRBO, or any other similar short term rental or exchange website or service without obtaining prior, written approval from the Management Committee.  The Management Committee shall review the status of all rentals on at least an annual basis to determine whether the rental is still authorized.
f)    Rentals May be Regulated:  Without prior written approval by the Management Committee, newly purchased Units cannot be rented to new tenants until being occupied by the new Unit Owner for at least two years. Notwithstanding the foregoing, any Unit Owner who already lives in a Unit in the Association at the time of purchasing a second Unit in the Association shall be exempt from this provision as to his/her second Unit. No member of the Association shall be permitted to have any of the following types of interest in more than two (2) Units simultaneously:
1)     A vested ownership interest, meaning full ownership or partial-ownership of a unit by virtue of a deed or a substantially similar legal instrument recorded on county records and declaring the person to be a full or partial-owner of the unit;
2)     A lender-related interest, meaning a financial interest in the unit by virtue of a loan given by the person to the unit owner for the purpose of funding any obligations owed in relation to the unit, whether such loan is secured or unsecured;
3)    An estate-related interest, meaning that the person is a party in an estate-planning instrument that is the owner of record of the unit, whether the person is a trustee, successor trustee, trustor, beneficiary, or executor named in such estate-planning instrument, a personal representative of the estate that is the owner of record of the unit, or any other substantially similar party in relation to such estate or estate-planning instrument;
4)    A family-related interest, meaning that the person is a parent, child, sibling, aunt, uncle, niece, nephew, or spouse of the unit owner;
5)    A business-related interest, meaning that the person is an officer, director, a controlling member, or a voting member of a business entity that is the record owner of the unit.
A member may not engage in tactics to avoid or obstruct the requirements of this section.
g)    Possible Requirements:  Unit Owners whose Units are for rent must comply with the Salt Lake City requirement that they or their property manager or management company have a business license. The Association may require that landlords also participate in Salt Lake City's Good Landlord Program or similar programs, or that the rental of Units be conducted through the Association or a designated management company, or may require that all lease agreements be reviewed and approved by the Association or the management company, or may require that any tenants be screened and approved by the Association or the manager or management company prior to renting the Unit.  Along with these requirements, the Association has to define when and how the required information has to be submitted, and how long the Association has to give such an approval. The approval of the Association or the management company shall not be unreasonably withheld.
h)    Written Lease Agreement:  Prior to renting any Unit, the Unit Owner and tenant shall execute a written lease agreement which shall include the following provisions:
1)    Condominium Rules:  The tenant shall agree to comply with all of the terms and conditions of the Condominium Declaration, Bylaws, and Rules and Regulations;
2)    Nuisance:  The tenant shall agree not to allow or commit any nuisance, waste, unlawful, or illegal act upon the premises; and
3)    Association is Third Party in Rental Agreements:  The Unit Owner and the tenant shall acknowledge that the Association is an intended third party beneficiary of the lease agreement, that the Association shall have the right to enforce compliance with the Condominium Declaration, Bylaws, and Rules and Regulations and to abate any nuisance, waste, unlawful or illegal activity upon the premises, and that the Association shall be entitled to exercise all of the Owner's rights and remedies under the lease agreement to do so.  
4)    Management Committee to Know Names of All Tenants:  Prior to a tenant's occupancy of a Unit, the Unit Owner must provide to the secretary or, if the secretary is unavailable, at least one other member of the Management Committee the name, address and telephone number of the tenant(s) and a copy of the written lease agreement.
5)    Enforcement of Declaration, Bylaws, and Rules and Regulations:  The Association shall have the right and the obligation to enforce compliance with the Condominium Declaration, Bylaws, and Rules and Regulations against any Unit Owner and/or occupant of any Condominium Unit, and shall have all rights and remedies as a third party beneficiary under any lease agreement to enforce such compliance.
6)    Enforcement of Rules and Regulations:  Following the procedure defined in Article II b) 19) of the Condominium Declaration, the Association may make rules and regulations governing the care, maintenance and use of the Condominium Project. The Association may take any judicial or other action against any Unit Owner and/or occupant of a Unit to enforce compliance with such rules and regulations or other obligations of a Unit Owner and/or occupant of a Unit, or to obtain damages for noncompliance therewith, all as permitted by law. In the event of such judicial or other action, the Association shall be entitled to recover its costs, including reasonable attorney's fees, from the offending Unit Owner and/or occupant.
7)    Association not Landlord:  Nothing in this Article VIII shall be construed to impose upon the Association the duties, responsibilities, or liabilities of a landlord under Utah law.  
i)    Landlord Insurance:  Any Unit Owner leasing his/her Unit shall be required to maintain landlord insurance of at least fifty-thousand dollars ($50,000) for the entire duration of the lease.   

This is our suggested language to add to your lease agreement with your renter to meet CC&R requirements and current community participation requirements.

ADDITIONAL TERMS AND CONDITIONS:

In addition to the above stated terms and conditions of this Agreement, the Landlord and Tenant agree to the following:

Participation

Tenant understands that regular participation in the community is required, as follows:

    • Attend Welcoming Committee Orientation
    • Attend at least one (1) ACM each month
      • 2nd Wednesday of each month, 7:00 pm, Common House
      • 4th Sunday of each month, 3:00 pm, Common House
    • Actively participate in at least one (1) committee
    • Actively participate on a common house cleaning team (twice/year)
    • Complete and log 2 hours of community work per month or pay the monthly fee

Tenant understands that failure to participate shall be grounds for termination of the lease.

Community Guidelines

Tenant agrees to comply with Wasatch Commons guidelines including but not limited to quiet hours, parking, guest policy, shared spaces, garden use, and waste and recycling.

Insurance

Tenant must obtain and provide proof of renter’s insurance and maintain coverage for the length of the Agreement, with a minimum of $______________________ in personal liability coverage. Proof of coverage must be provided to Landlord before move-in and upon request thereafter. Failure to maintain the required insurance constitutes a material violation of this Lease. Landlord's insurance does not cover Tenant's personal property or personal liability.

Condominium Association Requirements

This Unit is part of a condominium project governed by the Condominium Declaration, Bylaws, and Rules and Regulations (the "Governing Documents") and is subject to the requirements of the Wasatch Commons Condominium Association (the "Association"). Pursuant to the Governing Documents, Landlord and Tenant agree as follows:

  1. Compliance with Governing Documents. Tenant agrees to comply with all terms and conditions of the Condominium Declaration, Bylaws, and Rules and Regulations, as may be amended from time to time.
  2. No Nuisance or Unlawful Activity. Tenant agrees not to allow or commit any nuisance, waste, or unlawful or illegal act upon the premises.
  3. Association as Third-Party Beneficiary. Landlord and Tenant acknowledge that the Association is an intended third-party beneficiary of this Agreement. The Association shall have the right to enforce compliance with the Condominium Declaration, Bylaws, and Rules and Regulations, and to abate any nuisance, waste, or unlawful or illegal activity upon the premises. The Association shall be entitled to exercise all of Landlord's rights and remedies under this Agreement to do so.
  4. Notice to Management Committee. Prior to Tenant's occupancy, Landlord shall provide to the secretary of the Management Committee (or, if unavailable, another member of the Management Committee) Tenant's name, address, and telephone number, along with a copy of this Agreement.
  5. Association's Enforcement Rights. The Association has the right and obligation to enforce compliance with the Condominium Declaration, Bylaws, and Rules and Regulations against any Unit Owner and/or occupant, and shall have all rights and remedies as a third-party beneficiary under this Agreement to do so, including recovery of costs and reasonable attorney's fees from the offending party as permitted by law.
  6. Association Not Landlord. Nothing in this section shall be construed to impose upon the Association the duties, responsibilities, or liabilities of a landlord under Utah law.
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