Waterford Lakes Homeowners
Association Bulletin
June 26, 2019
Hardship Exception Policy for Rental Ban
With the approval of the Rental Ban
Amendment, it is important to outline a Hardship Exception Policy and Procedure
for the Association. Pursuant to Article
XIV, Section (n) of the Declaration for Waterford Lakes Homeowners Association,
leasing/rental of units in the Waterford lakes Community is generally
prohibited. There is, however, an
exception where the provisions of the declaration impose a hardship upon the
owner. In such case, the owner may
petition the board of directors for a written waiver of the rental restriction
as to that owner’s home based upon the hardship. For the purpose of this section, hardship
examples include:
(a) A situation in which the owner has a
prolonged illness or injury requiring the owner to live in a hospital, nursing
home, or similar assisted living facility for an extended period of time, and
preventing him or her from residing in his or her home in Waterford Lakes.
(b) A military deployment to a location
more than 100 miles from the Waterford Lakes community, which deployment will
result in the absence of the owner for more than six (6) consecutive
months. The board may request written
proof of deployment as a condition of granting a waiver.
(c) A situation in which a member of the
owner’s family is in need of physical assistance for an extended period of time
(i.e. to recover from an illness or injury), and such family member lives more
than 50 miles from the Waterford Lakes community. “Family member” shall be
defined as an owner’s spouse, brother, sister, parent, stepparent, child,
stepchild, grandparent, aunt, uncle, niece, or nephew.
The board may, at its discretion, grant hardship waivers
based upon other circumstances. A
homeowner’s choice to spend a portion of any calendar year residing in another
location shall not, in itself, constitute a hardship. A petition for waiver
will be evaluated on a case-by-case basis.
A waiver granted in one instance shall not obligate the board to grant a
waiver in a different, but similar instance. In the event the board grants a
hardship waiver, it may impose conditions including restrictions on the term of
the lease/rental permitted under such waivers. Upon expiration of the waiver,
an owner must submit a new petition for waiver for any subsequent rental of the
owner’s unit. Repeated petitions for
waiver by an owner may be considered as a basis for denial of such owner’s
petition for waiver.
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