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I have been renting an apartment for over a year now and my owner has past due fines that he owes to the association. THey have sent me letters demanding that I pay them the rent to pay the owners fines, but of course the owner is stating that I have a lease with him, and therefore to pay him and only him. I spoke to the woman at the property management office, and she stated that if the fines are not paid, they do have the authority to remove me from the property.
I really dont want to be in this position. I just want to pay my rent and ensure me and my family have a place to stay. Can some one please, please, point me in the right direction or advise on what I am supposed to do.
THanks
She sent me something from the deed book in Fulton County where it states that if the lessee ( me) fails to comply with the Boards request to pay, then I will be charged all amounts as if I was the owner.... I don't have any real estate background and half of this stuff I don't understand, but I need to ensure I can have a place to live. Even though the owner is telling me his is taking care of it, apparently he is not. He is under the assumption that the fines were based on false information and is waiting for the board to remove it, but the board is saying the fines are valid and he must pay. Rent is due next week and I don't know who to pay.
She sent me something from the deed book in Fulton County where it states that if the lessee ( me) fails to comply with the Boards request to pay, then I will be charged all amounts as if I was the owner.... I don't have any real estate background and half of this stuff I don't understand, but I need to ensure I can have a place to live. Even though the owner is telling me his is taking care of it, apparently he is not. He is under the assumption that the fines were based on false information and is waiting for the board to remove it, but the board is saying the fines are valid and he must pay. Rent is due next week and I don't know who to pay.
They can not charge YOU personally anything, they have no contract with you...there may be things they can do to your unit, such as cut power or water if it is provided by the association - but the lease you signed is the maximum extent of any liability you could ever possibly owe.
I seriously doubt that they can shut off your utilities as they (the HOA) doesn't own them and I don't think that they pay the utilities for each unit. They have no recourse with you, they have to do business with the landlord. If they try anything with you, get a lawyer to send them a letter. What the HOA is doing is trying to see if they can intimidate you into doing something illegal. If you were to pay them, then the landlord would have a case against you. Stick to your guns and tell that property manager to go to hell. They obviously don't know how to do their job.
Depends on the state. In florida they can. Its obvious the owner is having money trouble. He is not paying the HOA fees and is likely not paying the mortgage either. Its only a matter of time before the HOA or bank forecloses on him.
Well the property management company did tell me that he is paying his dues, or whatever you call them, but he is just not paying on his past due fines. She did also say in the state of Ga, they do have the right to not allow the owner to rent on their property if he fails to pay. They also told me that if I do pay them instead of my owner, then by law he is not allowed to evict me even though he may try. That they would go to bat for me and go to court, but of course I dont have that in writing
You should of had a copy if the CCR when you signed the lease. What does that say? As far as I know. Nobody can shut off your utilities. Go pay a hundred bucks and have a lawyer write a letter to both the LL and the HOA to stop bothering you.
Your lease is with the LL no the HOA.
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