Copyright Liability
The NCSSA lease and other forms are copyrighted under the federal copyright statute. Under the statute, if someone reproduces or copies a copyrighted form without being authorized, he is subject to significant liabilities. He may be sued for damages for: (1) actual damages; (2) civil penalties of up to $50,000 per violation; and (3) attorneys fees.
Rental agreement voidable. Additionally, the NCSSA rental agreement is voidable at the tenant’s option if the facility owner or management company using the NCSSA lease is not a NCSSA member on the date of signing the rental agreement. If the NCSSA member lets his membership lapse, any NCSSA lease signed while he was a member remains valid; but any lease signed after membership lapses is voidable at the option of the tenant. That means the tenant can no longer be held liable for rent if the tenant decides to void the lease.
Vigorous enforcement. The NCSSA Board of Directors will vigorously enforce any copyright violations by non-members or by former members who have let their membership lapse, or by current members unlawfully reproducing the official NCSSA forms. If necessary, NCSSA will file lawsuits to recover actual damages, civil penalties of up to $50,000, and attorneys fees.