VI. Leases, Tenants and Non-Resident Owner
A. All terms used herein, if not otherwise defined herein, shall have the meanings set forth
in the Declaration.
B. The term “Tenant”, as used herein, shall have the same meaning set forth for “Occupant”
in Article 1, Section 1.11 of the Declaration. By way of example, and without limitation,
a family member of a Unit Owner in possession of a non-Unit Owner occupied Unit is
both an “Occupant” and “Tenant” as contemplated by this Section and is subject to the
terms and conditions contained herein.
C. All lease agreements with respect to a Unit shall be in writing and for a specified term of
not less than six (6) months.
D. All lease agreements must include and comply with the Mandatory Landlord-Tenant
Lease Addendum in accordance with the Chapter 12, Article X, Section 12-403 of the
Aurora Code of Ordinances and attached hereto as Exhibit “A.1” or Exhibit “A.2”.
E. The Unit Owner, or their agent, leasing the Unit shall deliver a copy of the signed lease to
the Board not later than the date of occupancy or ten (10) days after the lease is signed,
whichever occurs first.
F. No Unit Owner shall enter into a lease for less than the entire Unit. By way of example
and without limitation, this Rule prohibits an Owner from leasing a room within a Unit in
which the Unit Owner is otherwise an Occupant.
G. Sub-leasing is not allowed.
H. No Unit nor any part thereof shall be leased for transient or hotel purposes.
I. The Unit Owner is responsible for providing his/her tenant with copies of the
Association’s Declaration, By-laws and Rules and Regulations (the “Governing
Documents”), including all amendments thereto, and providing written confirmation of
same by submitting a fully executed copy of the Lease Rider attached hereto as Exhibit
“B”.
J. All tenants shall agree, on behalf of themselves and their family members, guests and
invitees, to comply with all applicable provisions of the Governing Documents in all
respects, by executing the Lease Rider (Exhibit “B”).
K. An Owner, or their agent, who do not occupy their Unit shall provide the Board with the
address and telephone of their off-site residence by executing the Lease Rider (Exhibit
“B”). Provision of same shall serve as Unit Owner’s consent to the Association to send
any all Notice as required pursuant to the Governing Documents to the Unit Owner at
that address, and as to any Notice so sent, Owner waives any objection thereto based
upon a claim of lack of actual notice.
L. Prior to the lease of a Unit, the Unit Owner or their agent must attend the City of Aurora
Crime Free Housing Program class and present a copy of the Certification to the Board of
Directors.
M. The City of Aurora requires all landlords be licensed in accordance with the Chapter 12,
Article X, Section 12-112.1 of the Aurora Code of Ordinances. The Unit Owner must
demonstrate compliance with this provision in a form that is acceptable to the Board, in
its sole discretion.
N. The City of Aurora requires that any person leasing a Unit conduct a background check
on all incoming tenants in accordance with the Chapter 12, Article X, Section 12-402 of
the Aurora Code of Ordinances prior to a tenant’s occupancy of a Unit. The Unit Owner
must demonstrate compliance with this provision if a form that is acceptable to the
Board, at its sole discretion.
O. Each Unit Owner leasing his or her Unit shall be assessed an annual administration fee of
$150.00 to offset costs and expenses incurred by the Association in its ongoing
administration of leased Units, including, but not limited to, the continued enforcement of
these provisions throughout the term of a lease. The initial annual administration fee,
pro-rated to the execution date of the lease (i.e. execution date of July 1 would result in
$75.00 initial administration fee), shall be due and owing on the first date of occupancy
and shall be tendered to the Association along with the other documents required by this
Section. Thereafter the $150.00 annual administration fee shall be due and owing on
January 1 of each year and January 1 of every year thereafter in which the Unit is leased,
and shall be billed to the Unit Owner in a similar manner as the common expenses.
P. Prior to the date of occupancy, the Unit Owner of that Unit shall provide fully-executed
copies of the following documents to the Association or its managing agent:
a. The complete written and executed lease;
b. A Mandatory Landlord-Tenant Lease Addendum in accordance with the Chapter
12, Article X, Section 12-403 of the Aurora Code of Ordinances (Exhibit “A.1” or
Exhibit “A.2”);
c. An executed Lease Rider (Exhibit “B”);
d. A Certificate of Completion of the City of Aurora Crime Free Housing Program
class;
e. Proof that the Unit Owner is currently a licensed landlord and in good standing in
accordance with the Chapter 12, Article X, Section 12-112.1 of the Aurora Code
of Ordinances;
f. Proof that the Unit Owner has conducted a background check on all incoming
tenants in accordance with the Chapter 12, Article X, Section 12-402 of the
Aurora Code of Ordinances; and
g. The initial, pro-rated, annual administration fee.
Q. In the event that a Unit Owner fails to comply with any leasing requirements set forth in
the Declaration, By-Laws, or Rules and Regulations of the Association, including but not
limited to the payment of any fees required herein, the Association may seek to evict a
tenant from the Unit under Article IX of the Code of Civil Procedure (735 ILCS 5/9-101
et. seq.), as well as pursue any and all other legal and/or equitable remedies available to
the Association. All provisions of the Declaration, By-Laws and Rules and Regulations
shall be applicable to any person leasing a Unit and shall be deemed to be incorporated in
any lease executed or renewed. The Board may proceed directly against a tenant, at law
or in equity, including but not limited to under the provisions of Article IX of the Code of
Civil Procedure (735 ILCS 5/9-101 et. seq.), for any breach by a tenant or Owner of any
of the provisions of the Declaration, By-Laws or Rules and Regulations.
R. Any and all fines, fees, or attorneys’ fees and court costs incurred by the Association to
enforce any of the above provisions or any other provision in the Declaration, By-Laws
or Rules and Regulations against a Unit Owner and/or any tenant shall be charged to the
Unit Owner of the Unit as a common expense and if such costs and fees are not paid, they
may be collected using all the remedies available for the collection of delinquent
common expenses pursuant to the Declaration. The Owner of a Unit may be held jointly
and severally liable for any damages incurred by the Association as a result of a violation
of any provision of the Governing Documents by a tenant.