Leasing & Rentals
LEASING RESTRICTIONS
Pursuant to the Restated Declaration of Restrictions for Tanglewood and Bylaws of Tanglewood Residents Association II (“Declaration”), adopted November 16, 2022 and recorded with the St. Charles County Recorder of Deeds on November 18, 2022 (Document No. 2022R-062145), the following restrictions relating to leasing are effective February 17, 2023 pursuant to Article V, Section 5.6 of the Declaration.
Section 5.6 Leasing.
The Association deems it to be in the best interests of the community as a whole to preserve the subdivision as a community in which the Lots are occupied predominantly by the Owners. Accordingly, the purpose of this Section is to foster Owner-occupancy and thereby improve stability among residents, inhibit transiency and protect property values, by prohibiting future owners from being able to lease and adopting reasonable regulations if a Lot is authorized to lease.
(a) Definitions. For purposes of this Section, the term “lease” means any agreement for the exclusive possession of the Lot that creates a relationship of landlord-tenant or lessor-lessee in which the record Owner does not occupy the Lot.
(b) Restriction on Leasing. An owner that acquires an ownership interest in a Lot after ninety (90) days after recording of these Restrictions shall be prohibited from leasing the Lot.
The Board may waive the limitation on leasing in this Section for a reasonable period of time in the event of personal hardship or unanticipated circumstances such as military service, sabbatical, job transfer, medical conditions, economic or market conditions, or other reasonable cause. Any such waiver shall be in writing and signed by the Owner and the Board. In the event a waiver is granted, the Owner may lease the Unit for the term granted in accordance with the regulations in Subsection (c) below.
(c) Lease Regulations. Any lease permitted under this Section and executed or renewed on or after adoption of these Restrictions shall be evidenced by a written lease agreement (“lease”) and, whether or not expressly set forth in the Lease, shall be deemed to include the regulations contained in this Section.
(1) Copy of Lease. The Owner shall furnish to the Board, at least ten (10) days before the commencement date, a copy of the executed Lease and a lease addendum if required by the Association (“Addendum”), as well as the names and contact information of the tenant and all occupants. The lease shall comply with Governing Documents.
(2) Proof of Occupancy Inspection. The Owner shall furnish to the Board, at least ten (10) days after the commencement date, proof of the occupancy inspection required by the City of St. Peters.
(3) Persons Subject to Governing Documents. The Lease, Owner, and tenant(s)/occupant(s) are subject to the provisions of the Governing Documents.
(4) Term of Lease. The Lease shall have an initial term of twelve (12) months. Any renewal or extension of the Lease, and any sublease of the Lot or assignment of the Lease, shall be in writing and copy submitted to the Board at least ten (10) days prior to its commencement date. Further, any lease renewal or extension may not exceed twelve (12) months at a time.
(5) Short Term Rentals. No Lot may be leased on a nightly or monthly basis, or for transient or hotel purposes including home exchange, swap or via Airbnb, VRBO, or their functional equivalent. Not less than the entire lot may be leased. If a lease is voluntarily terminated within ninety (90) days of commencement, the Lot may not be leased for ninety (90) days after the date of termination.
(6) Certification. The Owner certifies that he/she obtained a background check and provided a copy of the Governing Documents to tenant, and tenant certifies that he/she received said Documents, prior to signing the Lease.
(7) Assignment of Rights. The Owner assigns to tenant all rights and privileges related to occupancy of the Lot. The Owner retains the right to vote, the duty to pay assessments, fines, and other charges by the Association, and the obligation to maintain the Lot and carry a personal insurance policy on the Lot.
(8) No Time-Share. No Lot may be conveyed under a time-sharing plan or functional equivalent. For purposes of this Section, a time-sharing plan shall include any ownership interest in a legal entity that is owner of a Lot whereby the different owners of the legal entity share or divide time for the purposes of occupancy of the Lot.
(d) Rulemaking. The Board may adopt such rules, regulations, and forms as it deems reasonable and necessary to implement the provisions of this Section, including the adoption of a reasonable fee for processing and document handling.
(e) Reasonable Restraint on Alienation. The leasing limitations of this Section shall be deemed a reasonable restraint on alienation and not a change in the use of Lots, which shall continue to be used for single-family residential purposes.
Forms:
The following forms shall be submitted to the Association along with a copy of the executed lease agreement as well as the $25.00 processing fee.
Tanglewood Lease Restrictions (PDF Copy)
FREQUENTLY ASKED QUESTIONS:
- What does non-owner-occupied mean? This means the property is inhabited by a person(s) that is not listed on the official Deed to the property on file with St. Charles County. This could be tenants as part of an official written lease/rental agreement, or it could be family members or friends who are staying at the property. To qualify as owner-occupied, someone listed on the Deed must physically reside in the property.
- What if I'm allowing family members or friends to live in the property and I don't have an official written lease agreement for their stay? The property owner is still responsible to comply with these restrictions and must submit the required Lease Acknowledgement form and provide the contact information of the tenant(s) who are over the age of 18 staying at the residence. The application fee is also required. The Board may periodically request an updated acknowledgment and census form to ensure compliance since there is no official lease copy that is being supplemented and provided to the Board.
- Why do I need to supply a copy of an occupancy permit? Pursuant to St. Peters Code, 504.040, R110.1, property owners are required to obtain an inspection and occupancy or reoccupancy permit whenever the property changes tenants. Contact the City of St. Peters for specific requirements, fees, and penalties for non-compliance.
- How often do I need to submit the documents? Each time a lease agreement is renewed, a copy of the lease, and the pertinent forms and fees must be submitted to the Board even if the tenants remain the same and are just renewing a lease for an additional term. The Board should also be notified of any change of tenant information as well as any change in ownership / management contact information.