Rules for Renting Your Condo

Please download the Mandatory American Towers Lease Agreement here:

http://www.americantowers.org/uploads/LEASE.pdf


H. MOVE-IN AND MOVE-OUT POLICIES:

1. Reservations to move in or move out should be made with Security as far in advance as possible. When reservations are made, they will be honored. Someone planning to move in or out without a reservation may have to wait until a later time if there is a conflict.

2. Move-ins or move-outs will only be allowed between the hours of 8:00 A.M. and 6:00 P.M. seven days a week.

a. A non-refundable move-in fee of $75 and move-out fee of $75 shall both be charged and paid to the management office before the move-in takes place and before a move-in permit will be issued. The move-in and move-out fees apply to new owners as well as lessees and will be charged to title companies requesting payoff balances at the time of a change of ownership. The fees shall also be charged to owners if not paid by lessees at the time a lease is filed with the management office.

b. A copy of a signed latest version American Towers approved lease agreement with a term of not less than six months together with the move-in move-out fee shall be filed with the management office a minimum of 48 hours before the anticipated move-in date. If any prospective renter attempts to move-in without having submitted the signed lease agreement or without having paid the move-in fee or without a move-in permit due to misrepresentations of, or lack of communications from, an Owner or property manager, the Owner shall be fined, at the sole discretion of the Association manager, an amount equal to the move-in move-out fee.

c. Any Owner violating the strict prohibition on transient or hotel type leasing as written in Article 5, Section 3 of the CC&R's by renting all or a part of the Unit on a daily, nightly or weekly basis, or by listing the Unit for daily, nightly or weekly rental through online or other rental services, shall be fined $500 for the prohibited listing itself, and fined an additional $500 for each prohibited rental.

d. Before a permit to move in can be issued by management, the prospective lessee is required to have an interview with the manager, or a committee so designated by the trustees.

e. The lease must meet all requirements outlined in Section "I'" below.

f. A fee of $25.00 is required for each entry card issued to the lessee (one card per person). All access cards are the property of the Association and must be returned at the time of move-out.

g. An additional $40 move-in fee is required for units that do not have Association approved high pressure washing machine hoses installed. The $40 washing machine hose fee will be waived if the owner or resident demonstrates that high pressure washer hoses have already been installed. Otherwise, a set will be provided and installed.


I. LEASING POLICY:

1. If a unit is leased and the owner fails to pay his common area fees when due on the first day of the month, and the delinquency is not cured by the owner on or before the 15th of the month (the "Grace Period"), the owner shall be automatically, and without additional notice, deemed to be delinquent and in default.

2. The following applies to all units and owners in default:

a. A move-in permit will not be issued to prospective tenant, lessee or occupant (hereinafter referred to collectively as "tenant") until the following conditions have been met:

i. The Association, Board or manager (hereinafter referred to collectively as the "Association") has received a copy of the executed latest version American Towers approved Lease Agreement that contains a term of not less than six months.

ii. All common area fees due have been paid.

iii. The common area fee for the first month of the new lease term has been paid in advance.

iv. A move-in permit will not be issued until all move-in and move-out fees, access card fees and other fines and charges have been paid.

b. If a unit is currently leased, and the common area fees are in default, the Association may require that a delinquent common area fee repayment schedule be implemented, with installment payments in an amount designed to cure the arrears in a reasonable and timely manner.

c. Existing Lease/Default/Current Fees:

i. Hearing. During the Grace Period, an owner may petition the Association for a special hearing, which shall be held during the Grace Period, to discuss the default and the direct tenant payment requirement described below.

ii. Direct Payment by Tenant: If all common area fees are not paid by owner when due or during the Grace Period, then the tenant shall be instructed by the Association, Board or Manager to pay all future common area fees directly to the Association, even if those common area fees must be deducted from rent due to the owner. For purposes of this section, that portion of the monthly rent or lease payment equal to the amount of the monthly common area fee shall be deemed to be the common area portion of the tenant's obligation to the owner.

d. No owner in default or occupant of any unit in default, nor their guest or invitee, shall be permitted use of any recreational facilities or amenities at American Towers, including but not limited to the swimming pools, spas, tennis courts, racquetball courts, etc., subject to the following:

i. Notice. The owner and occupant of any unit in default shall be given at least FIVE (5) days written notice of the Association's intent to revoke the recreational facilities and amenities privileges (the "Amenity Revocation Grace Period").

ii. Hearing. During the Amenities Revocation Grace Period, the owner or occupant may petition the Association, Board or Manager for a special hearing, which shall be held during the Amenity Revocation Grace Period, to discuss the revocation.

iii. Board Discretion. The Board shall have the authority and absolute discretion to waive the immediate revocation if satisfactory arrangements are made to cure the default. Failure of the owner or occupant to respond, or make satisfactory arrangements, shall result in the automatic suspension of the privilege to use the recreational facilities and amenities.

e. The Association may prohibit use of Entry Cards (property of the Association), recreational facilities or other amenities.

3. Mandatory Lease Language. All residential leases at American Towers, now existing or which may arise in the future, shall be deemed to contain the following language. In the event of any conflict, inconsistency or incongruity between the provisions of any residential lease agreement, the provisions of these rules and regulations shall in all respects govern and control. All the terms, conditions and provisions hereof are made a part of the residential lease agreements as though they were expressly written, incorporated, and included therein:

a. In addition to the monthly rent or lease payment obligation outlined in the residential lease agreement, if owner defaults on his obligation to pay common area fees, tenant shall pay directly to the American Towers Owners Association all American Towers' monthly common area fees in the amount of $_______________per month, beginning on the commencement of the residential lease agreement and continuing until its termination. If the residential lease agreement fails to distinguish between the obligation to pay rent and common area fees, that portion of rent equal to the common area fee shall be deemed to be the common area fee portion of the tenant's obligation.

b. If owner shall default in his obligation to pay common area fees, and shall fail to cure the default within fifteen (15) days after written notice thereof, owner hereby assigns, sets over and conveys to the Association automatically, and without further notice, all of his right, title and interest in and to the rents, issues, royalties, income and profits earned prior to default as they become due and are payable. In the event of default however, an owner's right to collect any of such monies shall not in any manner affect the subsequent enforcement by the Association of its right, power and authority to collect the same. Nothing contained herein, nor the exercise of the right by the Association to collect, shall be, or be construed to be, and affirmation by the Association of any tenancy, lease or option, nor an assumption or liability under, nor a subordination of any lien or charge to any such tenancy, lease or option, nor a waiver of any claim against owner and shall be deemed exclusively to be an attempt by the Association to mitigate damages. This assignment shall be prior and superior to any trust deeds with assignments of rent, except that of the first mortgage holder.

c. In the event the fees are more than thirty (30) days delinquent, or should Lessee, persons residing with Lessee or guests of Lessee violate the Declaration, Bylaws, or Rules and Regulations of the American Towers Owners Association, Lessor grants to the American Towers Owners Association the right to evict the Lessee. Should it become necessary for the Association to exercise its right of eviction as a result to the failure to pay common area fees, the Association shall first give Lessor (owner) and Lessee five (5) days notice, with the right to bring current said fees within five (5) days. The right to evict Lessee for violation of the Declaration, Bylaws and Rules and Regulation of the Association, may be exercised by the Association after giving to Lessor (owner) five (5) days written notice. Thereafter, eviction shall take place as provided by the laws of the State of Utah.

d. Lessee shall comply with the Declaration, Bylaws and Rules and Regulations of American Towers Condominium Association in force or otherwise brought to the attention of Lessee as the same pertain to the leased premises including the common areas. Failure to comply shall be grounds for immediate termination of the lease, by Lessor or by the American Towers Owners Association, through its agent.

4. If the owner of a unit leases his unit, his rights to use the amenities are transferred to the new resident during the term of the lease. The owner of the unit will not have the right to use the amenities as long as he has a tenant. In addition, owners shall be responsible to pay any fees or fines incurred by their tenants.

5. The Association shall have authority in its sole discretion to waive any of the rules and regulations set forth above; however, any specific waiver shall not extend to any future breaches nor prejudice any rights or remedies whatever in regard thereto.