STANDARD OF THE WESTSIDE AT BUTTERCUP CREEK MODIFICATION COMMITTEE

Subject: Leasing Rules

Date: September 10, 2024

Summary:

This summary is not a substitute for reading and abiding by all provisions of this rule. The is only a summary of some of the more important provisions:

  • The minimum lease term is 30 days. No home may be leased for an initial term of less than 30 days.

  • All rental advertisements must note the minimum leases term (or a longer term) and may not quote daily or weekly rates.

  • All leases must be in writing and expressly provide that the tenants must comply with all Association restrictions.

  • Owners must provide their tenants copies of all association restrictions, including Declaration, Bylaws, and all Rules.

  • Owners must provide the Association a copy of all leases and all tenant contact information, pet and vehicle information.

  • No renting rooms; only the entire home may be leased.

  • Owners are responsible for all deed restriction violations of their tenants.

  • It is recommended that Owners perform background screening checks on all prospective occupants prior to leasing.

The following leasing rule is adopted to apply to all residential Lots in the community:

Declaration Article X Section l(a) provides that no part of the community shall be used for commercial or non-residential purposes, or for any commercial use of a residential nature. This rule is adopted to help define what is considered commercial use of a residential nature for consistency of application and guidance for all association members. 

1.1    DEFINITION OF LEASING. A Lot is deemed "rented" or "leased[*1]," and its occupants deemed "tenants," for purposes of this rule and other leasing-related provisions in the Declaration and the other documents, except when: (i) the Lot is occupied by the Lot owner and/or a person immediately related to the owner by blood, marriage or adoption[*2], (ii) the Lot is vacant, or (iii) title to the Lot is held by a corporation, trust, partnership, or other legal entity, with the primary purpose of providing occupancy to the current occupant. This definition applies irrespective of whether there is a written agreement between the Lot owner and the occupant(s) or whether any financial consideration has been provided for the right of occupancy. The Association may in the sole discretion of the Board require proof of familial relation between a Lot owner and occupant.

[*1 "Lease" and "rent" are used interchangeably.]

[*2 A situation where an owner lives with an unrelated individual for purpose of companionship, regardless of whether the companion contributes to living expenses, will not be considered a lease under these rules.]In calculating occupancy, lots are counted uniformly regardless of size. A person is considered a tenant for all purposes under these rules (including recommended background checks) if that person stays overnight on the property more than 7 days in any month. Presence on the property at any time between 11:00 pm and 6:00 am will be considered an overnight stay.

1.2    GENERAL LEASE CONDITIONS.        The leasing of Lots is subject to the following general conditions:

(1)  Minimum lease term 30 days; early move out. No Lot may be rented for hotel or transient purposes or for an initial lease term of less than 30 days. Any initial lease term of fewer than 30 days is deemed a commercial use and not permitted. If a tenant fails to fulfill the lease term (moves out early), the property may not be re-occupied by the owner or another tenant until the end of the lease term without prior approval of the Board, and any replacement lease must be in compliance with this rule. This is to prevent a situation for example where a Lot is leased "for 30 days'' but in reality is leased for the weekend and the tenant "leaves early" and a lease with another tenant is then signed, or the owner moves back in.

(2) Advertising. No Lot Owner may advertise the lease of any Lot for a term of less than the minimum lease term. All advertisements for the lease of a Lot must clearly state that the minimum lease term required by this rule (or any longer term the Owner wishes to apply). Daily or weekly rates (or any rate less than monthly) may not be advertised. Fines will be assessed for any violation of this rule, regardless of whether the advertised Lot is actually leased for a period of less than the minimum lease term.

(3) No renting rooms. No Lot may be subdivided for rent purposes, and not less than an entire Lot may be leased. (For example, an owner's child may live in the home, but unless there is a lease, may not have a roommate. If an owner's child desires to live with a roommate, it will be deemed a leased lot, and there must be a lease transaction with the owner's child and all other tenants being listed on the lease);

(4) Written leases only; mandatory lease provisions. All leases must be in writing, must contain the names of all tenants and occupants; must expressly provide that tenants are subject to the declaration, bylaws, and rules of the Association; and must have as an exhibit the rules and regulations of the Association;

(5) Must provide tenants with Association documents. An owner must provide his tenants with copies of the governing documents and notify them of changes thereto;

(6) Tenants subject to Association documents. Each tenant is subject to and must comply with all provisioi1s of the governing documents, federal and State laws, and local ordinances. Owners are responsible for their tenants and occupants and their guests violations;

(7)  Owner must provide Association copy of all leases and lease renewals; tenant pet, vehicle, and contact information. An owner must provide the Association within seven days of occupancy by a tenant or renewal of a lease (with every new lease or lease renewal - a change of roommates is a new lease):

(i) a complete and legible copy (electronic copy or hard copy) of the fully-executed lease, and any lease renewal document(s), both of which must include the name of all tenants and occupants. Dollar figures and any drivers license or social security number or other sensitive personal information may be redacted; and

(ii)    current information regarding all pets (breed, age, name, weight) and vehicles (make, model, color, license plate number) of the tenant(s), and current contact information including full names, email addresses, and any additional mailing address for all tenants.

1.3    SCREENING OF TENANTS AND OCCUPANTS. Prior to leasing to anyone or allowing anyone except the Lot Owner, or an individual related to the Owner by marriage, blood or adoption, to occupy a Lot, it is recommended that an Owner assess the criminal background of potential occupants and without limitation obtain a report based upon Texas Department of Public Safety criminal history and sex offender searches both for the named tenants/occupants under the lease and all unnamed persons whom the Owner knows, or comes to know, are occupying or will occupy the leased Lot. (Criminal reports may be purchased from the DPS website at www.txdps.state.tx.us for a small fee).

1.4    EVICTION OF TENANTS. Every lease agreement on a Lot, whether written or oral, express or implied, is subject to and is deemed to include the following provisions:

(1)   Violation Constitutes Default. Failure by the tenant or occupants or invitees to comply with the governing documents, federal or State law, or local ordinance is deemed to be a default under the lease. When the Association notifies an owner of his tenant's violation, the owner must promptly obtain his tenant's compliance or diligently exercise his rights as landlord for tenant's breach of lease, including eviction. If the owner fails to obtain the tenant's compliance after reasonable notice (at least 10 days notice) from the Association, the Association has the right, but not the obligation, to pursue the remedies of a landlord under the lease.

(2)    Association as Attorney-in-Fact. Notwithstanding the absence of an express provision in the lease agreement for enforcement of the governing documents by the Association, each owner appoints the Association as his attorney-in-fact, with full authority to act in his place in all respects, solely for the purpose of enforcing said documents against owner's tenants, including but not limited to the authority to institute forcible detainer proceedings against the tenant on owner's behalf, provided the Association gives the owner at least 10 days' notice, by certified mail, of its intent to so enforce the governing documents.

(3)     Association Not Liable for Damages. The owner of a leased Lot is liable to the Association for any expenses incurred by the Association in connection with enforcement of the governing documents against the owner's tenant. The Association is not liable to the owner for any damages, including lost rents, suffered by the owner in relation to the Association's enforcement of the documents against the owner's tenant.

1.5    CHANGE OF TENANTS/OCCUPANTS; NO SUBLETTING OR ASSIGNMENT. Any change of tenants or occupants during a lease term is a new lease for the purposes of this rule, and must be permitted and documented as such, with all documentation submitted to the Association in accordance with this rule. No lease may be assigned; subleasing is prohibited.

1.6    REMEDIES. The Board may require a tenant, by written notice to the tenant, to pay rent directly to the Association during any time in which the Owner is delinquent in payment of amounts due the Association. The Board may pursue any other remedies, including fining, eviction, and common area use right suspension, and other remedies allowed under these or other Association governing documents or state law. All enforcement costs, including attorney's fees, incurred by the Association due to violations of a tenant or a tenant's guest, occupant or invitee may be assessed to the owner's account. Owners are responsible for all violations of their tenants, and their guests and invitees.