Landlord troubles with HOA and appliances (McDonough: lease, HOA fees, home)

[williampiel]

I recently moved into a home in the McDonough area. As we moved in the Landlord (a former coworker) Indicated the HOA dues were paid so our kids would be able to access the pool. Three months later we finally get around to going to the pool and are informed the dues are not paid and we cannot swim (causing our young children to start crying). Is the landlord legally required in GA to pay the HOA fees or can he tell the tenant to pay them when it is not specifically mentioned in the lease? Only reference to the HOA in the lease is saying i need to keep the building and yard within the specs of the bylaws.

Also landlord left all large kitchen appliances in the home (fridge, dishwasher, oven/stove) and we immediately started noticing the ice maker didnt work (not too worried on that) and the freezer does not fully freeze food. (we have had some bread in there two weeks now that is still unfrozen). After emailing the LL he indicated the manufacturer stated to unplug it for five minutes and plug it back in to work properly. Not only do i find that unacceptable but it didnt work (and i doubt a manufacturer would say that) Is he required under GA law to get the fridge fixed?

I have tried researching both things but have come up blank.

[cully]

I would say you're in trouble. When I read your first paragraph that the landlord voluteered to tell you he had paid the dues and then didn't I thought...what else didn't he keep up. and you told us.

That refrigerator didn't go bad suddenly. By the way the cool part of the refrigerator is cooled by the freezer part blowing in there. So watch your milk.

You can get a refrigerator thermomter at hardware but even grocery stores just to keep track. You can turn the temp down down down and eventually move your refrigerator items to the freezer section but eventually nothing works. You can temporarily do the ..what is it 20s, 30s, 40s thing... and buy ice and put it in the refrigerator. You will essentially have a fairly well insulated very large cooler. But no freezer.

Others will hopefully tell you who to contact in your area re tenants rights. There is usually a tenant landlord group.

But, hey, the LL has no money so what are you going to get out of him?

It might be interesting to find out just how far behind is the LL in his HOA fee? How long did he stop before he told you he was paid up? But that's just sort of side info.

There are stories of HOA mgt offices locking a home. But there are more stories of people in bankruptcy having a lock on the door when residents arrive home.

You should really get out now.

I vote for move and sue him in small claims while your loss is relatively low.

[williampiel]

yeah i am not sure how far behind he is however i have not heard from the HOA yet. Was thinking about going myself to talk to the HOA to see where the status is on that one. I was more concerned with seeing if i can quote a law to him to make him start paying the dues (or if i can deduct the cost of the dues from rent on the month its due and just pay it directly) and to get the fridge fixed/replaced. Sad part is this is a guy i worked with that i had a fairly decent relationship with......till he moved and i rented his house.

[North Beach Person]

As a tenant the HOA would not necessarily have to tell you the amount of the back dues nor would they possibly be legally permitted to do so. The contract for them is between the owner and the HOA.

I would hold off paying them for now, your most important item is the appliance issue.

Have you contacted the landlord (which is how you should approach the issue now, he's not a co-worker/friend)? He's a landlord with whom you have a contract to rent a habitable dwelling.

[williampiel]

oh believe me i am understanding that. and yes we have had email traffic back and forth with dates on them and he said just unplug it and it should be okay. i am going to be emailing him tonight to inform him that it hasnt solved the issue.

[cully]

He already knew that.

As he already knew he hadn't paid the hoa fee when he told you he did.

I think if you asked the office nicely about the fee, saying you need to know because you don't want the place and your belongings bolted one day. Do you really think the landlord is paying his mortgage? And just not the hoa fee and just giving you silly answers for the refrigerator repair. And just happened to move just now?

Just a though...have you gone to the address he gave you for his currrent location? Or is it a po box?

He doesn't know your charge card number or your bank acct number does he?