SPANISH WELLS UNIT TWO HOMEOWNERS ASSOCIATION, INC. 

Post Office Box 1565, Bonita Springs, FL 34133
www.spanishwellshoa2.com

  

From time to time, members of the Board of Directors are asked questions regarding the rules governing the leasing of Unit Two homes to tenants, so we hope you will all find the following summary both beneficial and useful.
 

If you are a homeowner, realtor, or leasing agent, please review the complete and official leasing/rental rules by clicking on "Unit Two Declarations & Amendments", and reading section 8.2 Leasing Of Homes. The most important of these rules are:  
 

1. The minimum lease term is thirty continuous days. No new lease may begin until at least thirty days have elapsed since the first day of the last lease. No lease may exceed one year, nor can it  be automatically renewed or extended; however the Board of Directors may, at its discretion, approve the same lease from year to year.

2. The owner or agent shall provide the Association with a copy of the proposed lease and a fully completed lease application form (see below) not less than twenty (20) days prior to the proposed occupancy. The lease and lease application form must include the identification of all persons who will be occupying the home during the term of the lease.

3. The new online "Lease Application" form provides the owner with a simplified method to include (attach) a copy of the proposed Lease to it. However, to enable this process to work, the Lease document must first have been scanned into the owner's computer files.
   
     -  Scan the Lease document into your computer files.
     -  Click on the "Lease Request Form" button and the Lease application will appear.
     -  Enter all of the requested information.
     -  When you reach the "Upload Your Lease Agreement Here" field click on "Choose a File".
     -  Select (from your own computer) the file that contains the LEASE document.
     -  Select the Lease document and then click on the "Upload" button to complete the process.
     -  Lastly, Click on the "Submit" button at the bottom of the screen.
    

4.  We suggest you scan the LEASE between the owner and the tenant into your computer files before you attempt to fill out the LEASE REQUEST FORM.
   
     A copy of the approved "Lease Application" form will be returned to the owner by email once the Board of          Directors has determined that all the requirements, terms and conditions have been satisfactorily met.
    

Should the Board of Directors  have reason to find  or be of the opinion that an owner or an owner’s agent is in violation of these rules, it can enforce any or all of the following elements of the bylaws, namely that:  
 

1. The Association has the right to and subsequently may conduct interviews and background checks on all proposed occupants, and also may apply an application fee.

2. Any Lease Application that has not been approved by the Association may, at the option of the Association, be treated as void. The Board then has the authority to evict the tenant(s) without securing consent from the owner.

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The homeowner is ultimately responsible for payment of the 6.5% tourist development tax on the rental of their own residence, or other units that they own.  This applies to all residents of Spanish Wells Unit Two who collect rent from renters, family, or friends, or accepts any form of compensation in lieu of rent.  The Association has the responsibility to report the addresses of all Unit Two properties that are offered for lease/rent to the Lee County Inspector General’s Tourist Tax Office in order to assure that landlords are paying the appropriate Tourist Development Taxes (“Bed Taxes”), sales taxes, and are not claiming Homestead Exemptions.

   

If you have lease questions or comments, please feel free to contact Board Member Jeffrey Chorba 

(sflagolf@aol.com), or any Board member listed on this website.

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An excellent, additional source of information regarding rental requirements in Lee County, FL is:
“www.lee clerk.org/i-want-to/ask/frequently-asked-questions/tourist-development-tax".

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If you are a tenant or a prospective tenant, you should review the complete official leasing rules found on the Unit Two website by clicking on "Board Information" and then selecting "Governing Documents."

 

The most important of these relate to: 

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1.  Compliance with Unit Two Rules

All rules that govern the behavior of Unit Two Homeowners likewise apply to tenants, and the guests of tenants, as well. This includes rules regarding parking, noise, cleaning up after pets, and the like. All dogs  and cats must have a current rabies certificate available for inspection if necessary. If you are a resident from another state, bring a copy of the vaccination record when travelling to Florida. Dog's MUST be walked on a leash or carried at all times.

  

2.  Trash, Recycling and Horticulture Pickup

Trash and recycle pickup is weekly, normally on Friday mornings. To maintain our streets in an uncluttered condition for as long as possible, please do not place your trash and recycle containers at the curb before 4 pm on Thursday, and bring them in and out of sight as quickly as possible after pickup on Friday.

  

In order to make it possible for the recycling truck’s automated system to pick up your blue recycling container, please place the container with its handle and wheels facing your house (there is a directional  arrow on the lid indicating direction to face the bin). In addition, please leave at minimum of three feet between the recycling container and any other containers and/or material that you put out for regular trash and recycle collection.

  

Lee County requires that both the trash and recycling containers have lids. This rule is designed to prevent overnight rummaging by animals. For the same reason, if you have plastic trash bags that will not fit into your waste container, please do not put them on the curbside until the morning of pickup.

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Bulk items (such as refrigerators, ovens, hot water tanks and electronics) are picked up on an on-call basis. To request a pickup, call Advanced Disposal at 239-334-1224 at least 24 hours in advance.

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Horticulture waste pickup collection is normally on Tuesday morning. As with trash and recycling containers, landscaping cuttings and other plant materials should not be put at the curb before 4 pm on the day before pickup. If not placed in a container or bag: cuttings and plant material must be tied in bundles not exceeding 4 feet in length.

 

3.  Bar code access (optional)

The Spanish Wells Community Association (SWCA) is the Master Association for the entire Spanish Wells community and provides vehicle bar code stickers for gaining automatic access through the entrance gates. The cost is $50 per vehicle, and you can apply at the SWCA office in the lower level of the Spanish Wells Golf & Country Clubhouse.        Phone: 239-319-1288.