Homeowners Association ("Association") Lease Addendum Template Sample

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__________________________________
HOMEOWNERS ASSOCIATION (“Association”)
LEASE ADDENDUM
This Lease Addendum (“Addendum”) is entered into on the date hereinafter set forth by and between,
___________________________________________________________, the owner(s) of the below described separate
interest that is subject to the governing documents of the above-named Association, (hereinafter referred to as
“Owner/Landlord”) and ____________________________________________________________________,(hereinafter
individually and/or collectively referred to as “Tenant”). Owner/Landlord and Tenant hereby agree:
1.
Lease. This Addendum is made in connection with and shall become part of the lease agreement entered into
between Owner/Landlord and Tenant (hereinafter “Lease Agreement”) concerning Owner/Landlord’s separate interest within
Association that is commonly described as:
Address: _________________________________________________
_________________________________________________
Unit No. __________________ (if any)
2.
Effectiveness. The effectiveness of the Lease Agreement and this Addendum is subject to and contingent upon:
(i) Owner/Landlord’s compliance with all requirements of Association for the leasing of Owner/Landlord’s separate interest;
and (ii) Owner/Landlord and Tenant providing a fully executed copy of the Lease Agreement and this Addendum, without
modification, to the board of directors of Association prior to Tenant’s occupancy of the separate interest.
3.
Possession and Membership Privileges. Subject to the terms of this Addendum, Owner/Landlord agrees to
transfer his/her/its membership privileges in Association, with the exception of voting rights, unless such voting rights are
assigned pursuant to the CC&R’s of Association, to Tenant and permit Tenant to use the Association’s common areas
during the term of the Lease Agreement. As a result, Owner/Landlord and his/her/its family, friends, employees, and invitees
relinquish their rights to use the Association’s common area facilities during the term of the Lease Agreement.
4.
Term of Lease. Owner/Landlord and Tenant and hereby represent that the Lease Agreement is for a term that is
not less than the minimum term that is required under Association’s governing documents.
5.
Governing Documents. Tenant understands that the separate interest is part of a common interest development
and is subject to the CC&R’s, Bylaws, and Rules and Regulations of Association (collectively “Governing
Documents). Tenant agrees to be bound by the Governing Documents of Association.
6.
Failure to Abide by Governing Documents. Tenant understands and agrees that failure to abide by
Association’s Governing Documents will constitute a default (“Default”) under the Lease Agreement and this Addendum. In
addition to any rights Owner/Landlord may have against Tenant, Tenant understands that pursuant to the Governing
Documents and/or this Addendum, Association may take action against Tenant to: (i) suspend Tenant’s privileges to use
the Association’s common areas; (ii) suspend non-essential services, (iii) assess monetary penalties against Tenant, and
(iv) evict Tenant from the separate interest property by means of a court action.
7.
Continuing Responsibility of Owner/Landlord. Owner/Landlord acknowledges his/her/its understanding that,
irrespective of Association’s rights against Tenant, he/she/it remains responsible for the conduct of Tenant and any and all
fines and other charges imposed on Tenant by Association.
8.
Assignment of Rents. As security for the payment of Owner/Landlord’s obligations to Association during the term
of the Lease Agreement and this Addendum, Owner/Landlord assigns to Association the right, power and authority to collect
all rent and other charges due from Tenant to Owner/Landlord, upon ten (10) days advance written notice to
Owner/Landlord and Tenant, in the event Owner/Landlord becomes delinquent in the payment of his/her/its obligations owed
to Association. Tenant agrees to pay all rent and other charges due under the terms of the Lease Agreement and this
Addendum directly to Association following receipt of said written notice until the delinquency owed by Owner/Landlord is
cured.
9.
Hold Harmless. Tenant shall hold Association, its officers and directors, management agents, employees, and
each of them, free and harmless of and from all liability, judgments, costs, damages, claims or demands arising out of (i) any
claim or dispute in connection with the Lease Agreement and/or this Addendum, (ii) any injury, claim, or loss in connection
with the separate interest.
10. Conflict with Lease Agreement. In any conflict between this Addendum and the Lease Agreement, the terms of
this Addendum shall prevail. Notwithstanding the provisions of this Addendum, if there is any conflict
between the provisions herein and Association’s Governing Documents, then Association’s Governing Documents take
precedence.
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