Where it is expected that residential condominium units will be rented to tenants other than the owner of record, the following declarations may be addressed in the covenants, conditions and restrictions (CC&Rs): (Ord. 2011-05, 4-20-2011)
A. Limitations: A statement that the homeowners' association may regulate, limit, or prohibit rentals of condominium units;
B. Homeowners' Association Approval: A statement that the homeowners' association may require the rental of condominium units to be conducted through the homeowners' association or a designated management company, and may require that all lease agreements be reviewed and approved by the homeowners' association or the management company, that any tenants be screened and approved by the homeowners' association or the management company prior to renting the condominium, and that the approval of the homeowners' association or the management company shall not be unreasonably withheld;
C. Agreements: A statement that prior to renting any condominium unit, the condominium owner and the tenant shall execute a written lease agreement which shall include the following provisions:
1. The tenant shall agree to comply with all of the terms and conditions of the condominium declaration and bylaws;
2. The tenant shall agree not to allow or commit any nuisance, waste, unlawful or illegal act upon the premises; and
3. The owner and the tenant shall acknowledge that the homeowners' association is an intended third party beneficiary of the lease agreement, that the homeowners' association shall have the right to enforce compliance with the condominium declaration and bylaws and to abate any nuisance, waste, unlawful or illegal activity upon the premises; and that the homeowners' association shall be entitled to exercise all of the owner's rights and remedies under the lease agreement to do so;
D. Tenant Identification: A statement requiring that prior to a tenant's occupancy of a condominium unit, the condominium owner must provide to the homeowners' association the name, address and telephone number of the tenant and a copy of the written lease agreement;
E. Enforcement: A statement that the homeowners' association shall have the right and the obligation to enforce compliance with the condominium declaration and bylaws against any owner and/or occupant of any condominium unit, and shall have all rights and remedies available under state or local law, in addition to its rights and remedies as a third party beneficiary under any lease agreement, to enforce such compliance. (Ord. 2007-16, 4-4-2007)