Voting to Require Tenant Lease Addendum

Many homeowners who rent their condominiums do so without regard to the rights of the homeowner association's CC&Rs and Operating Rules. This can result in conflicts that impact the HOA, the unit owner, and the tenant. As a result, many homeowner associations are amending their CC&Rs to require that all unit owners, who decide to lease their units, attach a lease addendum that provides notice to their tenants of certain obligations they are accepting. Such an addendum to the CC&Rs creates a legally binding obligation that can be enforced by the owners and/or the association by means of a fine or otherwise.

Proposed amendments to CC&Rs, including any proposed required lease addendum, should be drafted by a knowledgeable HOA attorney and approved by means of the two envelope, secret ballot process.

A copy of an example Addendum to Residential Lease is provided for educational purposes only.

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