Unit Leasing and Rental Rules
Enforcement of the following rules will begin on January 1, 2011. Owners currently renting must supply the paperwork required by state statute and a copy of the rental registration on file with the City of Whitewater (paragraphs one through three). All documents should be mailed to Waters Edge North at PO Box 392 in Whitewater.
Waters Edge North Condominium Association unit occupancy is generally restricted to the unit owner, unit owner family member, or a single family. A Waters Edge North Condominium Association unit may be rented and occupied by a tenant subject to the following rules:
A Waters Edge North Condominium Association unit owner intending to lease or rent their respective unit shall require the tenant to sign for receipt, acknowledgement and compliance of Waters Edge North Condominium Association Declaration and By-Laws (Wisconsin Statute Chapter 703). Click on the following link for the acknowledgement form required to be submitted to the association: Acknowledgement of Association By-Laws
The unit owner shall provide a copy of the signed Lease/Rental Agreement and Acknowledgement of Association By-Laws statement to the Waters Edge North Condominium Association Board. Copy of the agreement and acknowledgement are generally required within 5 business days of lease agreement signature. The Association will maintain the agreements on file while the agreements are in effect (Wisconsin Statute Chapter 703).
The unit owner will provide copy or proof of owner and renter registration with the City of Whitewater as required by municipal code. Violations of the Municipal Code, regarding the constant presence of visitors and the right to “quiet enjoyment,” can result in fines levied by the Waters Edge North Condominium Association at the sole discretion of the Board.
Failure to comply with the requirements in paragraphs above, by the tenant(s) or unit owner, can result in a $100 fine levied against the unit owner. Each subsequent or additional violation of the required conditions above can result in an escalating fine per offense ($200 for second violation, $300 for third violation, etc.). Note: All fines are due within 15 days of the violation issuance date. Fines are payable to the Waters Edge North Condominium Association and deliverable to PO Box 392, Whitewater.
Appeals of violations or fines can be addressed to the Waters Edge North Condominium Association Board in writing by the unit owner. Appeals will be considered at the next scheduled board meeting. Appealing a violation and resulting fine does not extend the due date of the fine.
City of Whitewater Municipal Code excerpts
5.38.010 Residential rental registration. Registration Required. It shall be unlawful for any individual, partnership, corporation, or other for-profit entity to rent residential units within the City of Whitewater without being registered for that purpose as provided herein. A premises shall be considered rented if any funds are paid by a resident to another party for the right to reside at the property. This ordinance shall not apply to legally recognized non-profit rental entities and the State of Wisconsin, or any subdivision or agency thereof. (Ord. No. 1692A, § 1, 7-15-2008)
5.38.020 Purpose. The purpose of the residential rental registration requirement as described herein is as follows: a. The collection of current and accurate information identifying existing residential rental entities within the City of Whitewater and the initiation or termination of rental of premises. b. Assistance with the efforts of various city officials and departments, including the neighborhood services director, city clerk, city assessor, police department, and fire department in maintaining accurate records of residential rental premises to enable said officials and departments to perform their respective duties. (Ord. No. 1692A, § 2, 7-15-2008)
5.38.030 Registration. Each owner of a rented residential premises within the City of Whitewater subject to this ordinance shall complete and return to the city clerk a registration form that shall be available at the clerk's office which shall require information pertaining to the residential rental premises: including identification of the name, address, and phone number of the property owner; the property location and property location name, if any, phone number, email address, and address of primary contact person and directions for contacting the person. This requirement shall apply to all rented residential premises described in section 5.38.010 which exist at the effective date of this ordinance and those initiated after the effective date of this chapter. The registration shall be completed within fifteen days of the rental of the residence. (Ord. No. 1692A, § 3, 7-15-2008)
5.38.040 Term of registration and termination of residential rental premises. a. The residential rental registration described herein shall be effective and valid for the life of the residential rental entity. A new residential rental registration is required for a change in ownership. b. Each residential rental owner shall notify the city clerk upon termination of the rental of the premises. The clerk shall record said termination. (Ord. No. 1692A, § 4, 7-15-2008)
5.38.050 Duty to update. Each residential rental owner shall notify the city clerk of any change pertaining to the information provided within fifteen days of any such change. (Ord. No. 1692A, § 5, 7-15-2008)
5.38.060 Penalty. Any individual, partnership, corporation, or other business organization convicted of violating any provision of this section shall forfeit not less than $100.00 nor more than $200.00 for each violation plus costs of prosecution. Each day of violation shall be considered a separate offense. (Ord. No. 1692A, § 6, 7-15-2008)
19.09.520 Non-family household. "Non-family household" means a group of individuals who do not constitute a family under the terms of this title and who live as a single household in a dwelling unit. Within the R-1 and R-2 districts, a non-family household shall be limited to three unrelated persons. Within the R-3 district, a non-family household shall be limited to five unrelated persons. This section is meant to ensure the right of quiet enjoyment of each property owner, or resident of their home. The constant or consistent presence of visitors to a particular residence can constitute the equivalent of additional persons living there, for land use purposes, regardless if they are listed as residents on a lease or deed, if the "quiet enjoyment" of others' property rights is affected. For the purposes of this section, quiet enjoyment shall mean actions by occupants or visitors which unreasonably disturb other property owners' or occupants' enjoyment of their premises. (Ord. 994 § 12.0(part), 1982) (Ord. No. 1689A, 6-17-2008; Ord. No. 1694A, 8-5-2008)
State of Wisconsin Statute Chapter 703 excerpts
703.315 Lease or rental agreements for residential units.
(1) DEFINITIONS. In this section:
(a) “Condominium rental agreement” means an agreement, whether oral or written, for the rental or lease of a residential condominium unit by the same tenant for a period of more than one month.
(b) “Tenant” means any of the following:
1. A person occupying or entitled to present or future occupancy of a residential condominium unit under a condominium rental agreement.
2. A periodic tenant, as defined in s. 704.01 (2), of a residential condominium unit that pays rent on a month−to−month or greater recurring interval of time.
(c) “Unit owner” means the owner of a unit that is rented or leased under a condominium rental agreement or by a periodic tenant.
(2) AGREEMENT FOR COMPLIANCE. Entering into a condominium rental agreement constitutes an agreement by the tenant, as a condition of the condominium rental agreement, to comply with this chapter, the rules and bylaws of the association, and the provisions of the declaration. Entitlement to occupancy of a unit as a periodic tenant, as described in sub. (1) (b) 2., constitutes an agreement by the periodic tenant, as a condition of the tenancy, to comply with this chapter, the rules and bylaws of the association, and the provisions of the declaration.
(3) COPY OF WRITTEN AGREEMENT TO ASSOCIATION. Within 5 business days after entering into or renewing a written condominium rental agreement, the unit owner shall provide a copy of the agreement to the association. The association shall keep a copy of any condominium rental agreement on file while the agreement is in effect.
(4) CONTACT OF UNIT OWNER AND TENANT BY ASSOCIATION. The association may contact or give notice to the tenant or unit owner by:
(a) Making the contact or giving the notice by the means indicated by the tenant or unit owner in writing to the association.
(b) If par. (a) does not apply, by any method under s. 704.21 (1) (a) to (e), in the case of the tenant, or by any method under s. 704.21 (2) (a) to (d), in the case of the unit owner.
(5) COPY OF CONDOMINIUM DOCUMENTS TO TENANT. Before a tenant occupies a unit, the unit owner shall provide a copy of the declaration and the association bylaws and rules to the tenant or place the information in the unit.