Review of the Ground Lease: NWMTCLT Homeowner Rights, Responsibilities, and Requirements
The Ground Lease describes the long-term agreement between the Northwest Montana Community Land Trust (NWMTCLT) and the homeowner. The Ground Lease spells out homeowner rights, responsibilities and requirements. By signing either of these agreements, a NWMTCLT homeowner agrees with the NWMTCLT that long-term affordability of the home is a mutual goal. The Ground Lease is used with single-family homes and townhomes.
Additional key factors for the Ground Lease include:
Responsibility to Community: You have the right to use the property in a reasonable way: This includes not damaging the land or common space, being a good neighbor in your community, and using the property primarily for residential purposes.
Inheritance: You have the right to leave your home to your spouse, partner, or individual identified in the ground lease. You have the right to leave the home to any other heir, provided that they meet the conditions of the Ground Lease.
Landscape: You are responsible for maintaining the property so that it is safe and decent. Like any homeowner, you have the right to make improvements to your yard (gardening, planting, landscaping). You may have the responsibility of paying association fees.
Ground Lease Fee: You have the responsibility to pay a $25 per month ground lease fee as outlined in
Article 5 of your ground lease.
**If the CLT has not received your monthly Lease Fee by the first of each month, the CLT will assess and charge a 6% late fee on a monthly basis. However, if you make your payment by the 30th of the month, the CLT will waive the late fee assessed.
Home Improvements: You agree to seek permission from and provide information to the NWMTCLT before making any improvements/remodel to your home.
Loans: No loan for any improvements (either interior or exterior) can be tied to (or secured by) the land under the home.
Solving Problems: You will agree to workout any disputes that may arise between you and the NWMTCLT through an arbitration process, which involves impartial mediators instead of lawyers and judges.
Community Involvement: You agree to be an active member of the NWMTCLT for as long as you are a Community Land Trust homeowner. You will be a voting member of the corporation that owns the land and the housing subsidy (In effect, you are leasing the land and/or the CLT affordability from yourself and your fellow members of the NWMTCLT).
Future Affordability: Should you ever decide to sell your home, you will work with the NWMTCLT to ensure that your home will remain affordable for future low- to moderate-income households by giving the NWMTCLT the first option to purchase it for a price (based on market appraisal) which will enable the NWMTCLT to sell to other low- to moderate income households.