If the failure to lease will result in a hardship, the Owner of a Live/Work Unit or Residential Unit may seek to lease on a hardship basis by applying to the Residential Board of Directors for a Hardship Leasing Permit.

The Residential Board of Directors shall have the authority to issue or deny requests for Hardship Leasing Permits in its discretion after considering the following factors:

  • the nature, degree, and likely duration of the hardship,
  • the harm, if any, which will result to the Residential Condominium if the permit is approved,
  • the number of Hardship Leasing Permits which have been issued to other Owners,
  • the Owner's ability to cure the hardship, and
  • whether previous Hardship Leasing Permits have been issued to the Owner.

A "hardship" as described herein shall include, but not be limited to the following situations:

  • an Owner must relocate his or her residence outside the greater Atlanta metropolitan area and cannot, within six (6) months from the date that the Unit was placed on the market, sell the Unit except at a price below the current appraised market value, after having made reasonable efforts to do so;
  • where the Owner dies and the Unit is being administered by his or her estate; and
  • the Owner takes a leave of absence or temporarily relocates and intends to return to reside in the Unit. Hardship Leasing Permits shall be valid for a term not to exceed one (1) year.

Owners may apply for additional Hardship Leasing Permits. Hardship Leasing Permits shall be automatically revoked if during the term of the permit, the Owner is approved for and receives a Leasing Permit.