Get documents about "Seacourt rental amendment
Document Sample
III I I 1111((1 ((II ((((11111(( I ((I (II II!
20061116001866020 P; 1 OF 6
III!IIIIII\\II\
City of Vlr;Jnla eeaoh
11/16/2006 03:26:11 PM DECL
Tina E. Sinnen, Clerk
· A ENDMENT TO
DECLARdTION AND BYLAWS OF
SEACOURT CONDOMINIUM ASSOCIATION, INC.
(Leasing of U its and Rules and Regulations)
ofJ
This AMENDMENT to DE9LARA TION and BYLA WS is made this day
IJJ~ r'r'\ ~..«( ,2005, by Seacourt Condominium Association, Inc., hereinafter
--i-
called "the Association."
WITNESSETH
WHEREAS, Seacrest Associates, a Virginia limited partnership (the "Declarant"),
submitted to record various restrictivF covenants by Master Deed and Declaration of
Protective Restrictions of Cove Poin~ at Virginia Beach, Virginia (the "Declaration")
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Deed Book 2365, at Page 420 and ~y-Laws of Seacourt Condominium Association,
Inc., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Deed Book 2365, at page ~49; and
WHEREAS, there is a unit 01ner other than the Declarant; and
WHEREAS, the Board of Directors (the "Board") has determined it is in the best
interests of the Association to limit thJ number of leased units in the condominium in
order to protect property values and in~ure the availability of financing for unit sales; and
WHEREAS, the Board of Dire~tors has determined it is in the best interests of the
Association to expand the Board's rulernaking authority; and
WHEREAS, the Bylaws may bl amended pursuant to Section 55-79.71(B) of the
Condominium Act, which allows amen~ment by not less than sixty-six and two thirds
percent (66-2/3%) of the entire membe~ship of the Board of Directors and by not less than
sixty-six and two thirds percent (66-2/3Wo) of the votes of the entire membership of the
Association; and
GPINS: SEE EXHIBIT "~" ATTACHED HERETO
PREPARED BY: INMAN & STRI~LER, P.L.C. .. , "t
~
575 L YNNHA VE~ PARKWAY, SUITE 200 ~. .
VIRGINIA BEACH, VA 23452
\VHEREAS, pursuant to Section 55-79.71.D of the Condominium Act, this
Amendment shall become effective when the amendment is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia;
NOW, THEREFORE, the ssociation does hereby amend the Bylaws in the
following manner:
1. Section Five, Subparagraph (a) shall be changed to read:
~I
The Association shall ave the right to set such leasing restrictions
that become necessary from time to time to protect the interests and
investment of all owners of thF Seacourt Condominium community
including (i) requiring the lessee to comply with the Condominium
Instruments and rules and regulations, (ii) providing that failure to comply
constitutes a default under the \lease; and (iii) providing that the BQ.a~dof
Directors has the power to terminate the lease or bring summary
pr6eeedings to evict the tenantrn the name of the lessor thereunder after
thirty (30) days prior written notice to the Unit Owner, in the event of a
I
default by the lessee in the performance of the lease.
2. In addition to the langU~e set forth in paragraph 1 above, the following
restrictions and allowances will be adied as an integral part of Section Five:
A. Restrictions on Leasing; Units:
1. The maximum nuhber of Units that may be leased at any time is
limited to four (4)\Units. This limit may be exceeded only under
conditions stated in the "grandfather" and "hardship" provisions that
follow.
2. No unit owner sha~ rent more than one (1) unit and a unit owner
may not avoid this \ ule by ownership through another entity.
3. All unit owners whr desire to lease a Unit must have established a
permanent residencF at Seacourt Condominiums for a minimum of
twelve (12) consec tive months.
4. All leases shall be for an initial term of not less than twelve (12)
consecutive months
5. No unit owner may lease less than the entire unit or allow the unit to
be sublet.
Pa e 2 of 5
6. Any Unit Ow~er whose Unit is leased as of the effective date of this
Amendment s~all submit a copy of the lease currently in effect to the
Board of Dire~tors or the Association Manager within thirty (30)
days of the recordation of this Amendment.
7. The leasing of nits shall also be subject to all rules and regulations
promulgated bX the Board of Directors not in conflict with a~y
of
pr.Qvh;jOl~s me Declaration or Bylaws. '
\ /J -
8. No pets shall be allowed in l~ units.
9. No unit may be leased to a partnership or corporation. Units may
only be leased t I individual unit occupants for residential purposes
only.
B. Grandfather Provisions:
1. Unit Owners of J\eCOrd with existing leases on the effective date of
this Amendment are grandfathered. Thes wners sh Inot be
restricted in renti g their Units by the limit on the maxi urn number
of units that may be leased for a perio of three (3) ye s.
c. Rental Procedures:
1. Any Unit Owner i tending to lease the Unit shall submit a written
request to the Board of Directors indicating the Unit Owner's intent
to lease the Unit, ,long with a copy of the lease to be used.
2. The Unit shall not ~e leased until the Board of Directors responds
with written permission to lease the Unit.
3. The Board of Dire~tors shall respond within thirty (30) days of the
written request of t~e Unit Owner. Permission will be based solely
on the number of Units leased at the time of application and other
applicable provisions contained in the Declaration and all
Amendments heret1-
4. If the maximum nUl~ber of Units are leased at the time of the
request, Unit Owners who are not covered by the grandfather
provision will be plabed on a waiting list and will be notified when a
leasing slot is avai:jl:_ 3 of 5
5. Upon being no ified of an available slot, the Unit Owner will then
have sixty (60) days to enter into a lease.
6. After sixty (60) days, the Unit Owner will forfeit his position and, if
the Unit Owne! wishes to remain on the list, he shall submit a new
written request to the Board of Directors
7. Any Unit Own ,r who leases his Unit shall provide to the tenant, at
the Unit owne~s expense, a copy of the Association's Declaration,
Bylaws and Ru es and Regulations and shall have the tenant execute
a Lease Adden urn which requires the tenant to comply with the
covenants, conditions and restrictions contained in those documents.
Said Lease Addendum to be provided by Seacourt Condominium
Association.
D. Hardship Provision:
1. The Board of Directors may, in its sole discretion, authorize a lease
which will exceer the maximum of four (4) leased Units restriction
only upon a ShOjing by a Unit Owner of a hardship which will result
from the Board's Idenial of the lease request. Hardship cases will be
decided on an indi vidual basis. Each case will be presented to the
Board of Directo 's and/or a special committee appointed for this
purpose.
2. Units being leased under the Hardship provision may be leased for
not less than twelte (12) months or more than twenty-four (24)
months. In the case of military transfer being considered the
~~~~~i~~ ~~~~~t~~;~~~ orders
~~~~~1 ;~~)n:~:;~sth;:;~:re!;:~!~)
must be provided t~ the Board of Directors. In no case is the unit to
be rented for less ttan twelve (12) months. ", _
2. All provisions :f t~e Dec1~ration and Bylaws 'n~t ~-x~reSSlYamended herein
\
shall be and remain in full force anddfkct. --
The undersigned President of the Association does hereby certify that this
Amendment has been agreed to by two-t~irds of the votes in the Unit Owners
Association, as required by Article Six or the Association's Declaration and by Article
VIII of the Bylaws, as evidenced by thei signatures on file with the Association.
I
Page 4 of 5
EXECUTED on the date fir t w~itten above by the duly authorized officer of the
Association.
SEAcaURT CONDOMINIUM ASSOCIATION, INC.
By:
-+-_~oI.L:..- ' President
CERTIFICATION PURSUANT 0 VIRGINIA CODE SECTION SS-79.71.D
COMMONWEALTH OF VIRGINIA-,
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was ~CknoWle<!$edthis LjIh day of AI'}'lmW . 20oP,
before me, the undersigned Notary Public, by La H,~r/ryL SIf1C/~1 r-I5~/ec
I
President of Seacourt Condominium tssociation, Inc., who did state the requisite number
of the Unit Owners have ratified the aforesaid amendment by signing a document so
stating.
Notary Public
My Commission Expires: JulAf :3/, z,lJO~
P ge 5 of 5
"
SEACOURT CONodMINIUM ASSOCIATION INC.
EXHIBIT A
Property I GPIN
318 24th Street, Unit 1 I 2427 09 5373 7070
318 24th Street, Unit 2 2427 09 5373 7080
318 24th Street, Unit 3 I 2427 09 5373 7090
318 24th Street, Unit 4 2427 09 5373 7100
320 24th Street, Unit 1 2427 09 5373 7030
320 24th Street, Unit 2 2427 09 5373 7040
320 24th Street, Unit 3 I 2427 09 5373 7050
320 24th Street, Unit 4 2427 09 5373 7060
322 24th Street, Unit 1 I 2427 09 5373 6990
322 24th Street, Unit 2 I 2427 09 5373 7000
322 24th Street, Unit 3 I 2427 09 5373 7010
322 24th Street, Unit 4 I 2427 09 5373 7020
