Lease Restrictions
Moss Creek has Lease Restrictions as designated in the CCR's and Board Resolution for the Community.
 
These Restrictions include:
  • Maximum rental cap of 20% of the homes within the Master Association are allowed to be Rentals
  • Minimum Lease Term is 6 months 
  • Any Owner wishing to Lease their Unit must have Leasing Approval from the Association
  • The Owner is required to give their Tenants a copy of the CC&Rs
  • The Owner is still responsible for ensuring their Lot is in compliance with the Governing Documents
 
Homeowner's wishing to rent their property must submit a Lease Application.
Due to the restricted number of available spots, the application may only be submitted by the homeowner, and not a prospective buyer. Lease Approval does not transfer from one owner to the next.
 
Within 1 week of submittal, the application will be approved or denied.
 
If the application is approved, the owner must submitted a signed and executed lease within 90 days of approval.
 
If the application is denied due to the rental cap, the owner will receive the option to be placed on the Rental Waitlist. Once the owner confirms they would like to be added to the waitlist, they will receive their number on the waitlist.
 
There is not a way to estimate the timeframe a property will be on the waitlist. Once approval is given, an owner can continue to lease the home as long as they own it. It is only when they sell the home, or decide to no longer rent the home that they are removed from the approved leasing list, and a property on the waitlist gets moved to the Approved Leasing List.
 
Failure to obtain Association approval for leasing your home is a violation of the Covenants and may result in a hearing with the Board of Directors and possibly fines up to $100 per day until you are in compliance. 
 
You may not enter into a lease agreement or advertise your home for rent until you receive a written approval from the HOA after having submitted this form. 
 
We get many questions regarding renting a home within Moss Creek, so we have created an FAQ.
 
Moss Creek Leasing FAQ's

What if I already executed a lease and am unable to give the Board due notice? Is there any way to avoid fines?

Possibly.
If there are open slots for approvals in the community, then yes, it's possible to submit an application and receive approval.
If there are no open slots for approvals (the community is at the 20% maximum rental capacity), you will be subject to a fixed or daily fine.

If I am trying to or plan to rent my property, how can I know in advance what the commencement date of the lease will be?

You are not required to know the exact commencement date. Simply submit an application for lease approval whose proposed commencement date is no more than 90 days out from the date Management will receive the proposed lease.
If your proposal is approved, when you do sign a lease, we require you to submit the actual lease in order to lock in approval within 90 days from your approval.

What if I don't have a Tenant within 90 days of Approval?

Unfortunately, due to the high demand for Leasing Approval, we aren't able to grant extensions. If you don't have a Lease within the 90 days, your Lease Approval is rescinded and you will need to resubmit the Leasing Application.

What if I am approved to lease for 12 months, but then my renter breaks the lease? Do I have to submit a new Lease Application?

No, but we do require to be notified of any change in Tenant/occupancy to ensure tenant amenities passes are revoked.
 
You will granted 90 days to submit a new lease and tenant information as soon as it is signed.

I have an approved lease for 12 months, and, at the end of the term, my Tenant chooses to renew the lease for another term. Do I have to send in a new lease application to be approved?

No, you don’t have to apply or go on a waiting list.
Once you have gained approval to lease, you have a secured slot under the 20% and are only required to submit changes in tenancy with a copy of any new lease signed.
 
The only instance that would cause you to have to reapply are if you leave the unit vacant for a period longer than 3 months without a tenant or you move back into the home and at some point choose move and lease your home once again.

My current Tenant's Lease is about to expire and they will move out. To have a new Tenant, do I need to submit a new Lease Application?

No, you don’t have to apply or go on a waiting list.
Once you have gained approval to lease, you have a secured slot under the 20% and are only required to submit changes in tenancy with a copy of any new lease signed.
 
The only instance that would cause you to have to reapply are if you leave the unit vacant for a period longer than 3 months without a tenant or you move back into the home and at some point choose move and lease your home once again.

I have an approved lease for 12 months, and it auto-renews Month-to-Month? Why did I get a violation for an expired Lease?

When a lease expires and auto-renews on a month-to-month basis, this is very difficult to track as an Association to ensure as we are unaware of when a Tenant continues to live in the Unit on a month-to-month basis.

For this reason, we require one of the following at when a lease term expires:
  • a new lease to be completed,
  • a lease addendum of the new lease expiration date, or
  • a monthly notification from the Owner that the lease is has been extended for that month.

My Tenant's Amenity Passes stopped working - what happened?

Does the Tenant have a Current Lease that has been provided to the Association?
One way to try to enforce these restrictions is that Tenant amenity passes are set to expire at the end of the Lease Term.
Once the Lease expires the Tenant's amenities passes will no longer work. 
 
If the lease is set to "auto-renew", the Association still needs to be notified that is has done so.
 
We require one of the following at when a lease term expires:
  • a new lease to be completed,
  • a lease addendum of the new lease expiration date, or
  • a monthly notification from the Owner that the lease is has been extended for that month.
 
Once we have received one of the above listed requirements, the Tenant's Amenity Passes will be extended to the new Term End Date

As a property owner in Moss Creek, how can you tell me if and when I can rent my property? These provisions and potential fines don’t seem fair to me. When I bought the property, no one ever told me about the limitation on Rental Properties.

As an owner in a deed restricted community, you are bound to abide the Declaration of Covenants, Conditions and Restrictions (CCR's) of the Community. Leasing restrictions are set forth in the governing documents and must be enforced by the Board of Directors and Management as part of due diligence.
 
At closing on the purchase of your property in Moss Creek, you signed that you had received a copy of the governing documents. It was your due diligence to read and understand the CCR's prior to purchasing your unit.