The Homeowner Property Rental/Lease Information form must be completed and given to the Southbay office with a copy of the lease. 

FOBs are needed to access the Clubhouse/amenities and a non-refundable $20 fee will be collected (cash or check) once the completed form and lease is received.

Homeowner Property Rental/Lease Information Form

Southbay Yacht & Racquet Club Covenants & Restrictions

31. Leasing:

A. Any Lease of a Dwelling and/or Lot shall be subject to the following:

1.  Only entire Dwellings and/or Lots may be Leased.

2.  Lease terms. No Dwelling and/or Lot shall be Leased for a term less than three (3) months. No
Dwelling and/or Lot shall be Leased more than two (2) times during any given twelve (12) month
period.

3. No bed and breakfast facilities. No bed and breakfast facility may be operated in a Dwelling or
on a Lot.

4. No leasing of individual rooms. Individual rooms of a dwelling on a Lot may not be leased on
any basis.

5. No transient tenants. No transient tenants may be accommodated in a dwelling on a Lot.

6. Writing. All Lease Agreements shall be in writing. A copy of all Lease Agreements shall be
provided to the Association.

7. Single Family Residence. All Lease Agreements shall require the dwelling on the Lot to be used
solely as a private single-family residence.

8. Occupancy Violation. In the event of a Lot occupancy contrary to the provisions of the
Covenants and Restrictions, or the violation by a Tenant, Guest, or Invitee of any provision of the
Governing Documents, the Board of Directors, after not less than ten (10) days after the mailing of
notice by electronic, certified or registered letter to the Owner of the Lot, with a copy to the
offending party, advising of the restriction, the violation, and an opportunity to comply, may act as
agent of the Owner to evict such Tenant, Guest, or Invitee and in such event the Owner shall pay to
the Community Association all costs and attorney’s fees incurred by the Community Association
incident to the eviction. Every Lease of a Lot shall specifically provide, or if it does not shall be
automatically deemed to provide, that a material condition of the Lease shall be the Tenant’s, and
each Guest’s and Invitee’s, full compliance with the Governing Documents. The Owner shall be
jointly and severally liable with his or her Tenant, Guest, and Invitee to the Community Association
for any and all damages to the Common Area caused by the acts or omissions of his or her Tenant,
Guest, or Invitee as determined in the discretion of the Board of Directors.

9. Use of Common Area During Tenancy. When a Lot is occupied by a Tenant, Guest or Invitee in
the absence of the Owner, the Owner of the Lot may not use the Common Area and facilities
thereon but during that time the Common Area and facilities thereon may only be used by the
Tenant, Guest or Invitee. The foregoing does not apply to the Owner’s ability to lease and utilize a
slip in the Marina. When a Lot is unoccupied, the Owner may use the Common Area and facilities
but may permit another person to use the Common Areas and facilities only when accompanied by
the Owner. Nothing in this Section shall interfere with the access rights of the Owner as a landlord
pursuant to Chapter 83, Florida Statutes. Each Owner agrees to indemnify, defend and hold harmless
the Association from and against any claim, cause of action or demand arising out the use
of the Common Area or facilities thereon by such Owner’s Family, Tenant, Guest, or Invitee.

10. Leasing of Slip in Marina Prohibited. Tenants, Guests and Invitees are prohibited from leasing
slips in the Marina. When a Dwelling or a Lot is occupied by a Tenant, Guest or Invitee in the
absence of the Owner, the Owner is still permitted to lease and utilize a slip in the Marina.

11. Assignment Rents. In order to ensure the timely and complete payment of all Assessments, or
other applicable charges, all Owners leasing their Dwellings and/or Lots irrevocably assign to the
Community Association the right to collect rent payments from any Tenant as further provided
herein, until all monies owed the Community Association are paid in full. To the extent the Board
of Directors requests it, the Owner shall execute a separate assignment of rents agreement as a
condition precedent to leasing a Dwelling and/or Lot.

12. Application of Rents. All rents collected by the Community Association from an assignment
shall be applied first to past due interest, late fees and costs, attorney’s fees, and then to any
delinquent Assessments or charge in order of the earliest in time until all monetary obligations due
the Community Association are paid in full. Any funds that may be collected by the Community
Association in excess of the Owner’s obligation shall be remitted to the Owner by the Community
Association within a reasonable amount of time.

13. Community Association as Agent. Each Owner assigns to the Community Association the
right to take legal action against any Tenant for the non-payment of rents to the Community
Association pursuant to the assignment of rent authority provided herein, including the right to
terminate the Lease and evict the Tenant and all occupants. The Community Association shall
enjoy all rights and privileges enjoyed by the Owner under applicable landlord/tenant law but shall
not be considered a landlord under chapter 83, Florida Statutes, and specifically shall have no
obligations under Section 83.51, Florida Statutes.

14. Association as Owner. The Leasing provisions herein shall not apply to the Community
Association to the extent it purchases, acquires or takes title to a Lot.