§ 85-348. Lease of land.

A. 

Content of lease.

(1) 

Any planned retirement community owner or operator shall offer every homeowner or tenant the opportunity to sign a long-term lease with an option of the homeowner or tenant to cancel said lease for reasonable cause on 90 days' written notice to said owner or operator.

(2) 

A copy of the planned retirement community's rules and regulations, if any, shall be attached to and become a part of the lease provided for by this section, as if fully set forth therein, and said rules and regulations may not be changed, altered, amended or modified without the written consent of 3/4 of all homeowners or tenants then in residence with the consent of the planned retirement community owner or operator, which consent shall not be unreasonably withheld.

(3) 

No rules or regulations shall be inconsistent with the lease provisions in effect at the commencement of said lease.

(4) 

A copy of the lease shall be delivered by the planned retirement community owner or operator to all homeowners or tenants at the time of the first deposit made payable to said planned retirement community owner or operator.

B. 

Fees and charges.

(1) 

No planned retirement community homeowner or tenant shall be charged a fee, charge, or assessment, except for rent and utilities, unless agreed to by 3/4 of all of the homeowners.

(2) 

All such charges for rent and utilities must be reasonably related to the value of the facility available or the services actually rendered.

(3) 

A planned retirement community owner or operator must fully disclose all charges for rent and utilities to all homeowners or tenants at the time of the first deposit made payable to said community owner or operator.

(4) 

Failure on the part of the planned retirement community owner or operator to fully disclose all charges for rent or utilities shall prevent the planned retirement community owner or operator from collecting such charges.

(5) 

No charges for rent or utilities may be increased except as set forth in the lease.

Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015