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I am definitely coming at it from the point of a poorly written lease. I'm really thinking of all of the "new landlords" who have no experience, but have been forced in to this position due to financial issues. Let's say the HOA rules say you can't park on the street. Or have to park your car in your garage. I can see those being sticking points.
It seems that any new LL would certainly get/buy a standard "form" lease or use a property manager. And I am assuming those form leases all address following HOA rules. I give every tenant a copy of the HOA rules or email them the link to the HOA website where the rules are listed. But, its a good question.
I'm not an attorney so I have no idea but, if I were meeting with an attorney about this as a LL in this situation, I would expect the attorney to tell me that I have a contract with the HOA to follow the rules and that includes keeping everyone there because of me in line with the rules. The obligation to do so is mine alone and I alone am financially responsible for any fines. From that point, the lease contract governs what I can do about the tenant's actions and, if there's no protection in the lease (which would be incredibly short sighted), I guess I am screwed until the end of the lease term.
I'm not an attorney so I have no idea but, if I were meeting with an attorney about this as a LL in this situation, I would expect the attorney to tell me that I have a contract with the HOA to follow the rules and that includes keeping everyone there because of me in line with the rules. The obligation to do so is mine alone and I alone am financially responsible for any fines. From that point, the lease contract governs what I can do about the tenant's actions and, if there's no protection in the lease (which would be incredibly short sighted), I guess I am screwed until the end of the lease term.
So if the lease has no protection worded in it, then in theory, the tenant could cause multiple infractions, costing the homeowner xxxx.00 in fees every month if they so choose? (im thinking a malicious tenant in my hypothetical situation here)
So if the lease has no protection worded in it, then in theory, the tenant could cause multiple infractions, costing the homeowner xxxx.00 in fees every month if they so choose? (im thinking a malicious tenant in my hypothetical situation here)
So if the lease has no protection worded in it, then in theory, the tenant could cause multiple infractions, costing the homeowner xxxx.00 in fees every month if they so choose? (im thinking a malicious tenant in my hypothetical situation here)
Pretty much the same as if the lease did not address security deposit and damages. A malicious tenant could cause damage and the owner would have a hard time getting compensation. An HOA is just one of many things that should be addressed in a lease.
The HOA where I live requires all non owner occupants to be given a copy of the C&R documents.
We rented a home in an HOA once - never received a copy of the rules, but that was beside the point.
We, as renters, were harassed by almost constant notices and fines by the HOA. It got to the point that I had to go out with the camera and a ruler and take photos at least twice a week - some down the sidewalk line, showing that the tree on the property we were renting was the only one NOT overhanging the sidewalk and then to show that the two weeds (yes, two) were less than 1" tall each. We lived there for 3 years and are very quiet people, very clean, keep the yard and home neat - no problem kind of people.
One night, we left to go to dinner at 5pm. The trash hadn't been picked up yet. When we returned home at 7:30pm, we put the cans back in the garage. Two days later, we got another notice for a $25 fine for leaving the cans out past 6pm. After that, I took pictures, with a time/date stamp, every week for 5-6 weeks, showing the other residences (homeowners all) with their cans out past 6pm. Basically, some idiot in the HOA forced me to be a Nazi - taking photos of the yard every couple days, taking photos of the neighbor's yards... it got so bad. I believe there were more than $1000 worth of fines when we left. I don't know what happened - though I do know we refused to pay a dime of them.
It really colored my opinion of HOA's and their bored, no-life board members. We never rented a home again in an HOA, and when it was time to buy, NO HOA was #1 on the list.
But don't you know, without HOAs neighborhoods go to hell, gangs move in, it becomes too unsafe to go outside, and nobody can sell their home for more than $5!
But don't you know, without HOAs neighborhoods go to hell, gangs move in, it becomes too unsafe to go outside, and nobody can sell their home for more than $5!
Haha ... that's definitely what they want folks to believe.
"Gang members know that gated communities are not patrolled by state troopers or municipal police, but by private contractors. Because these communities are private property, police may enter only under specific circumstances, such as pursuit of a fleeing suspect."
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