Rentals (Leasing)

Rental restrictions were added by the Second Amendment to Declaration — 2B (Rental Restrictions) — recorded November 6, 2017 (No. 2017-134175). They introduce Article V § 1.M to the Declaration. (See Governing Documents for the 2A/2B naming convention used in this wiki.)

Definition of "Rent"

To "Rent" means to grant a lease, right to use, or right to occupy a Living Unit to person(s) other than the Owner for a specified or unspecified term in exchange for payment (money, property, or other goods/services of value). "Rent" does not include (Source: 2nd Amendment 2B (Rentals) § M(1)):

• Joint ownership (joint tenancy, tenancy-in-common, other co-ownership).
• Roommate-type arrangements where the Owner continues to occupy the Living Unit.

Cap and Board approval

• No more than 5 Living Units may be rented at any given time (Source: § M(2)(a)).
• Before renting, the Owner must notify the Board and obtain written approval.
• Within 5 business days of notification the Board must advise whether the cap would be exceeded and whether approval is granted (Source: § M(2)(a)).

Hardship exemption

If the cap is already reached, an Owner may rent only if the Board determines a hardship exists (Source: § M(2)(b)):

• The Board may consider medical, employment, educational, or financial issues affecting the Owner.
• Hardship rentals are allowed for a period not to exceed 2 years per Living Unit per hardship.
• Hardship determinations are within the Board's discretion; the Board may adopt additional procedures.
• If a Living Unit is owned by a mortgagee following foreclosure (or deed-in-lieu), the Living Unit may be rented during such ownership.
• If a proposed rental is prohibited because the cap is reached, the Board places the Owner on a first-come, first-served waiting list and notifies the Owner when their Living Unit may be rented.

Timing after approval

Once notified that the unit may be rented, the Owner has 60 days from the date of such notice to enter into a lease. If the Owner doesn't enter into a lease within 60 days, they must reapply (Source: § M(2)(c)).

Once renting is permitted, the Owner may continue to rent on expiration/termination of a tenancy. But if the Living Unit becomes owner-occupied or vacant for any period exceeding 60 days, the Owner may no longer rent without reapplying (Source: § M(2)(d)).

Lease / rental agreement requirements

All leases and rental agreements must (Source: § M(3)):

• Be in writing.
• Prohibit sublets.
• Provide that all terms are subject to the Declaration, Bylaws, and rules; failure of the tenant to comply is a default under the lease.
• Not be for transient or hotel purposes.
• Have an initial term of not less than 6 months, with subsequent terms of no less than 30 days.
• Be for the entire Living Unit and not merely parts of the unit.
• Have the Owner obtain and maintain liability insurance covering tenant occupancy or use of the unit and common area, with limits as set by the Board and naming the Association as an additional insured (Source: § M(3)(d)).
• The Owner must promptly notify the Association in writing of all tenants and occupants and provide a complete copy of the lease or rental agreement. The Owner must keep the Association informed of an address and telephone number where they can be reached (Source: § M(3)(f)).

Administrative fee for noncompliant rentals

If the Owner fails to follow these procedures, the Board may charge an administrative fee (Board-set) to reimburse the Association for time/costs/expenses (including management-company time) of obtaining tenant info and providing Association documents. Charging the fee does not bar Association remedies for the underlying violations. Unpaid administrative fees become assessments against the Living Unit (Source: § M(3)(e)).

Enforcement

In addition to other remedies at law or equity, the Association may impose fines per a Board-adopted schedule, with notice and hearing as provided in the Act/Declaration/Bylaws/Rules. Unpaid fines become assessments (Source: § M(4)).

"Grandfather Leases" (pre-existing leases)

For a Living Unit under an existing rental agreement as of the effective date (11/06/2017), the Owner may continue such lease or its renewals without compliance with these new restrictions, provided (Source: § M(5)):

• The Owner was, as of the effective date, renting/leasing the unit for a term of at least 30 days — this is a "Grandfather Lease" — and may continue renting to the existing tenant.
• If the Grandfather Lease is terminated, the Owner must apply for Board approval before re-renting unless they rent/lease within 60 days of termination.
• The right under this section terminates when the Owner no longer owns the unit — successors in interest (sale, foreclosure, inheritance, assignment, etc.) have no rights under this section.
• Nothing in this article may be construed to impose on the Association the duties, responsibilities, or liabilities of a landlord under ORS Chapter 90 or subject the Association to any of those requirements (Source: § M(5)(d)).

Owner remains liable

(Source: Handbook — Rentals.)

• Homeowners remain responsible for the actions of renters and their guests.
• Homeowners remain responsible for financial obligations to HOA.
• Homeowners must provide to the managing agent the emergency contact information for the renter.
• Renter(s) must abide by all governing documents and the rules and regulations set forth for the Summitridge Townhomes HOA.

"For Rent" signage prohibited

"For Rent" signage is not to be placed within the community. Homeowners must advertise property "For Rent" by other methods (Source: Handbook — Signage). See Signage.

Sources

• source/590 2nd Amend to Dec - Rent Restrict.md
• source/2026-0304-SRTHHOA-Rules and Regulations.md — Rentals; Signage
• source/590 Welcome Handbook and Resolutions.md — Rentals