RESOLUTION 01-21-11<\/p>\n
Sublease Policy and Application Packet Qualifiers for Subleasing Units<\/p>\n
Adopted February 9, 2021<\/p>\n
WHEREAS, pursuant to its governing documents, the Board of Directors has the power<\/p>\n
and authority to adopt reasonable operating rules; and<\/p>\n
WHEREAS, Assembly Bill 3182 became effective January 1, 2021 and United Laguna<\/p>\n
Woods Mutual is prepared to comply with legislation which eliminates all \u201cunreasonable<\/p>\n
restrictions\u201d on rentals within the community; and<\/p>\n
WHEREAS, Assembly Bill 3182 requirements dictate that United Laguna Woods Mutual<\/p>\n
must change the minimum rental period from 90 days to 30 days; the maximum number<\/p>\n
of units that are allowed to be rental units from 20% (1,265 units) to 25% (1,581); and<\/p>\n
that United Laguna Woods Mutual can no longer restrict a member from subleasing his<\/p>\n
unit for one year from the date of purchase;<\/p>\n
NOW THEREFORE, BE IT RESOLVED, February 9, 2021 that the Board of Directors<\/p>\n
hereby amends the Sublease Policy and Qualifiers for Subleasing Units in order to<\/p>\n
comply with Assembly Bill 3182;<\/p>\n
RESOLVED FURTHER, Resolution 01-13-50 adopted March 20, 2013 is hereby<\/p>\n
superseded, canceled and replaced with this resolution that includes Exhibit A, Qualifiers<\/p>\n
for Subleasing Units; and<\/p>\n
RESOLVED FURTHER, Resolution 01-10-222, adopted October 22, 2010 is hereby<\/p>\n
cancelled; and<\/p>\n
RESOLVED FURTHER, Resolution 01-17-92 adopted August 8, 2017 is cancelled; and<\/p>\n
RESOLVED FURTHER, Resolution 01-16-87 adopted August 9, 2016 is cancelled and<\/p>\n
eliminates the restriction of a member from subleasing a unit for one year from date of<\/p>\n
purchase; and<\/p>\n
RESOLVED FURTHER, Resolution 01-96-33 adopted March 12, 1996 is hereby<\/p>\n
cancelled since it is no longer applicable; and<\/p>\n
RESOLVED FURTHER, that the officers and agents of this Corporation are hereby<\/p>\n
authorized on behalf of the Corporation to carry out the purposes of this resolution.
\nExhibit A<\/p>\n
QUALIFIERS FOR SUBLEASING UNITS<\/p>\n
Resolution 01-21-11; February 9, 2021<\/p>\n
1. A cap on the number of units that may be subleased at any one time in United\u2019s<\/p>\n
development equal to twenty five percent (25%) or 1,581 of the total units; and<\/p>\n
2. A prohibition on subleases shorter in duration than thirty (30) days and no longer than<\/p>\n
twelve (12) months, subject to renewal; and<\/p>\n
3. A prohibition on any member owning more than one membership\/unit in United,<\/p>\n
and\/or being identified as the \u201cmember\u201d under more than one Occupancy Agreement, at<\/p>\n
any one time, except as provided for and subject to certain conditions under United\u2019s<\/p>\n
Interim Dual Ownership Agreement (as provided in Resolutions U-02-164, 01-10-222<\/p>\n
and 01-03-147), including but not limited to the requirements that (i) a member may not<\/p>\n
sublease a unit listed for sale during any permitted period of dual ownership, (ii) the<\/p>\n
member must reasonably proceed to sell the unit listed for sale within six (6) months<\/p>\n
from the member’s signing of the Interim Dual Ownership Agreement, (iii) the Board is<\/p>\n
prohibited from approving any individual member’s request for an Interim Dual<\/p>\n
Ownership Agreement more frequently than one (1) time in any two (2) year period and<\/p>\n
(iv) with respect to dual ownership, both trustees and beneficiaries under any trust<\/p>\n
having any ownership interest in a unit\/membership shall be considered a member with<\/p>\n
respect to such unit\/membership; and<\/p>\n
4. The requirement that no member may sublease his\/her unit if delinquent in carrying<\/p>\n
charges or assessments at the time of the proposed\/intended sublease, except with<\/p>\n
Board approval and subject to an assignment of rents (as set forth in Resolutions U-91-<\/p>\n
73 and U-01-10); and<\/p>\n
5. The requirement that all sublessees meet the age requirements for occupancy and<\/p>\n
residency as required and established under United’s governing documents and<\/p>\n
California Civil Code Section 51.3 (and any successor statute); and<\/p>\n
6. The requirement that members and\/or sublessees provide to United, as set forth<\/p>\n
in United’s governing documents and pursuant to yearly renewal requirement<\/p>\n
obligations, the following information with respect to each sublessee of the<\/p>\n
member’s unit, on such form(s) as United may prescribe from time to time: full name;<\/p>\n
age and birth date; statistical information; identity verification; written agreement to<\/p>\n
comply with United’s governing documents; telephone number; and other information<\/p>\n
and documentation required by United under its Application for Permit to Lease<\/p>\n
Premises and any related documents; and<\/p>\n
7. The requirement that the member pay certain fees related to the sublease of the<\/p>\n
member’s unit, including without limitation fees related to lease permits processing;<\/p>\n
lease permits, lease permit extensions, lease permit renewals, secured deposits<\/p>\n
of third-party charges and application costs; and<\/p>\n
8. The requirement that the member transfer his\/her rights to use the common areas,
\nfacilities and amenities of United’s development to the member’s sublessee, and that<\/p>\n
the member and his\/her sublessee comply with any and all prohibitions and\/or<\/p>\n
restrictions established by Golden Rain Foundation (\u201cGRF\u201d) with respect to the use of<\/p>\n
GRF\u2019s common amenities and facilities; and<\/p>\n
9. The requirement that sublessees of a member’s unit must, at all times, comply with<\/p>\n
all of the provisions of United’s governing documents applicable to the residency,<\/p>\n
occupancy and use of units and United’s development; and<\/p>\n
10. The right of United to levy fines and impose discipline against a member for the<\/p>\n
violation of United\u2019s governing documents by the member’s sublessee, and\/or, to<\/p>\n
the extent permitted by United’s Bylaws and applicable laws, to impose discipline<\/p>\n
against the sublessee for such violation; and<\/p>\n
11. A non-exclusive grant to United of the member’s rights to enforce United’s<\/p>\n
governing documents against the member’s sublessee if the member fails to gain<\/p>\n
the sublessee\u2019s compliance, including but not limited to the ability of United to evict<\/p>\n
the sublessee under an unlawful detainer action; and<\/p>\n
12. An assignment of rents in favor of United in the event the member is delinquent in<\/p>\n
the payment of their carrying charges and\/or assessments, as provided in United’s<\/p>\n
Occupancy Agreement, and the requirement that the sublessee pay his\/her rent<\/p>\n
payments to United upon United\u2019s notice and demand of such assignment; and<\/p>\n
13. The requirement that the member be financially liable to United for any damage<\/p>\n
within the member’s unit or other portions of United\u2019s development caused by the<\/p>\n
sublessee; and<\/p>\n
14. The requirement that the member be the responsible party to obtain any required<\/p>\n
approval from United for any and all proposed alterations, additions, improvements<\/p>\n
and modifications to the member’s unit; and<\/p>\n
15. The requirement that only a member of United named under an Occupancy<\/p>\n
Agreement has the right to sublease their entire unit; partial sublease of unit is<\/p>\n
prohibited.<\/p>","protected":false},"author":2,"featured_media":0,"template":"","document_category":[1719],"document_type":[53],"class_list":["post-49095","document","type-document","status-publish","hentry","document_category-leasing-united","document_type-other"],"acf":{"document":46921,"resolutions":null,"legacy_id":"5418","pdf_extracted_text":""},"yoast_head":"\n