Boca Winds Homeowners Association

LEASE RIDER

This Lease Rider (hereinafter referred to as Rider) made this _____ day of _____,

20___, between the Boca Winds Homeowners Association, Inc. (hereinafter referred to as Association) and ___________________________ (hereinafter referred to as Owner) and __________________________, the proposed or actual tenant of the Owner (hereinafter referred to as Tenant).

WHEREAS, the Association is a Homeowners association organized pursuant to Florida Statute ' 720 and governed by a Declaration of Covenants and Restrictions (hereinafter referred to as Declaration) that are recorded in the Official Public Records of Palm Beach County, and bylaws and rules and regulations (hereinafter collectively referred to as Restrictions);

WHEREAS, the Owner owns a Home at _______________________ (hereinafter referred to as Home) and is a member of the Association obligated to comply with the Restrictions; and

WHEREAS, Owner desires to lease the Home to Tenant;

WHEREAS, Tenant is an individual that desires to lease the Home from the Owner (hereinafter Association, Tenant and Owner are collectively referred to as Parties);

NOW THEREFORE, the Parties in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, intending to be legally bound, hereby agree as follows:

1.         The Association has valid Restrictions that govern the leasing of the Owners Home to Tenant and the Tenants conduct and obligations as a lessee.

2.        The Tenant hereby agrees, covenants and warrants that he/she will abide   by the Associations Restrictions and will conform his/her conduct, as well as   the conduct of his/her guests and invitees, to same.

3.         The Owner covenants, warrants and agrees to monitor the conduct and behavior of the Tenant, and the Tenants invitees and guests, to ensure the conduct of the Tenant, and the Tenants invitees and guests, conform to all of the Restrictions.

4.         The Owner understands and agrees that he/she is personally responsible for all of the conduct of the Tenant and the Tenants guests and/or invitees, including but not limited to, damage caused to the Associations common property regardless of whether or not said damage is caused by the negligence, intentional acts or criminal acts of the Tenant or the Tenants guests and invitees.

5.         The Owner understands and agrees the Association does not in any way waive or delegate the enforcement of its Restrictions against the Owner, or the Tenant, by having the Owner and Tenant enter into this Rider.

6.         The Owner understands and agrees that all monetary obligations of the Association including, but not limited to, the payment of assessments and special assessments shall remain the personal obligation of the Owner regardless if the Owner is occupying the Home or is leasing the Home to Tenant.

7.         The Owner understands, agrees and affirmatively states that he/she has reviewed the Associations Restrictions and understands their contents and agrees to be personally obligated for any costs or damages incurred as a result of a breach of any of the Restrictions by the Tenants and/or the Tenants guests and invitees.

8.         The Owner understands and agrees that without approval from the Owner the Association can file eviction proceedings seeking to evict the Tenant from the Home and/or for damages because of the Tenants violation of any of the Associations Restrictions. The filing of any such lawsuits, including eviction proceedings, are at the sole and absolute discretion of the Association.

9.         The Owner and the Tenant understand that should the Association be required to retain an attorney to enforce any of the Restrictions against the Tenant or the Tenants guests and invitees, regardless of whether such proceeding are eviction proceedings or are for the enforcement of any of the Restrictions, the Owner is personally responsible and guarantees the payment of any incurred attorneys fees and costs prior to the filing of a lawsuit and through all trial and appellate levels.

10.       The Tenant and the Owner consent and agree the Association is not responsible for the Owners actions or conduct relating to the Home or for the fulfillment of any provisions of the lease agreement between the Owner and the Tenant. 

11.             The Tenant understands and agrees the Association is not obligated to the

Tenant for any items that it would not be otherwise obligated for as specified in the Restrictions and that apply to the status of a Tenant.  The Tenant further understands and agrees the Tenant is not considered a member of the Association and the Tenant does not obtain any of the member/Owners rights that are expressed in the Associations Restrictions unless otherwise expressed therein, including but not limited to, the right to vote at Association meetings and to otherwise have standing in any court in regard to undertaking the enforcement of the Associations Restrictions against or on behalf of the Association.

12.       The Owner understands and agrees to deposit the sum of $_500.00_ (hereinafter referred to as Deposit) to the Association as a Deposit to secure payment for costs incurred for any breach of the Restrictions or this Rider.  Any balance remaining from the Deposit, less an administrative charge as determined by the Association, and any bank and other charges incurred or certain to be incurred by reason of maintaining the Deposit, shall be returned to the Owner within 30 days after receipt of written notice from the owner the present Tenant has moved out of the Home.  Deposits are in an amount to be determined at the sole discretion of the Association and are due and payable prior to the execution of any new leases, lease extensions or if any names are added to present leases between the Tenant and Owner. Upon thirty (30) day written notice to the Owner, the Association, at its sole and absolute discretion, can demand the Owner add additional funds to the Deposit at any time.

13.       The Tenant and Owner understand the Deposit can be commingled with other funds of the Association and does not have to be placed in an interest bearing account.  Should the Deposit be placed in an interest bearing account the Tenant and Owner understand, agree and waive, any claim to any interest earned by the Association and that said interest shall becomes the property of the Associations.

14.       The Tenant understands the Association is not in any way responsible to the Tenant and/or any of the Tenants guests or invitees for any personal property damage, property damage or personal injury that occurs while Tenant is leasing the Owners Home.

15.       The Tenant and Owner understand and agree that he/she waives any notice requirements pursuant to the applicable Florida Statutes and The Florida Rules of Civil Procedure relating to eviction proceedings if the Association files an eviction proceeding or any other lawsuit against the Tenant.

16.       The Tenant and Owner understand and agree they have reviewed this entire Rider and there have been no inducements or written or oral statements, comments or suggestions to entering into same.