HOA and Renters Law (attorney, home, tenants)

[GatorBait1996]

We recently moved to Arizona and are living in our first HOA community, we are renting.

We've recently received a certified letter from the property managment company that we are renting from to let us know that we owe $25 to the HOA for our weeds, they also included in the certified letter another complaint from the HOA about our driveway. We were informed about the weeds from our property managment via email on Feb 13, my wife and I promptly went outside the next day and pulled some weeds and also sprayed. We found out in the certified letter that the homeowner was given the first notice letter about the weeds on Jan 30 and the 2nd notice from the HOA about the weeds along with the $25 fine was sent to the homeowners on Feb 13. The email sent to us from the property management company on Feb 13 was a notice that we need to remove the weeds in a timely matter, not a notice that there was a $25 fine already. Also in the certified letter it has a copy of the driveway violation which was dated Feb 13. Again, in the email from the property management company it never said anything about the driveway. We are now passed teh 10 days to comply with the driveway notice and will probably get another $25 fine for that.

Here's a timeline of notices from the HOA and Property Management:
1 - Violation: REMOVE WEEDS (1/30/2012) - 1st notice sent to homeowner from HOA (NO notice sent to us)
2 - Violation: REMOVE WEEDS (2/13/2012) - 2nd notice and $25 fine notification sent to homeowner (NO notice sent to us)
3 - Violation: CLEAN DRIVEWAY (2/13/2012) - 1st notice sent to homeowner from HOA (NO notice sent to us)
4 - (2/13/2012) email sent to us from property management to inform us about the weeds only and that they need to be removed in a timely matter so we don't incur a $25 fine (FIRST notice to us about the weed issue only, still did not know about the driveway)

I'm curious to know what the law is for renters and being notified in a timely matter so we can take care of the issue and not be fined. I would imagine that we (the renter) should be given the notification at the same time the homeowner gets one so that we can be responsible renters and take care of the issues in a timely fashion.

[wit-nit]

It's what's in your CC&r's that dictate what the rules are, not the law. You should contact your landlord about the problem. Who is responsible for keeping the property up to HOA standards, does your rental agreement say you or the landlord.

[whodiman]

Originally Posted by nitram

It's what's in your CC&r's that dictate what the rules are, not the law. You should contact your landlord about the problem. Who is responsible for keeping the property up to HOA standards, does your rental agreement say you or the landlord.

Usually these letters are sent directly to the Landlord. I know cause I got one last year. Then I passed the message onto the property manager who told the tenant. I only got a warning though and my tenants were very cooperative. I paid for the expense of the maintenance myself and let them know to try to keep an eye on it going forward.

[ReadyFreddy]

I don't think the tenant is legally bound to the CC&R's like the landlord, so in my opinion the fines belong to the landlord. If he/she didn't remedy the situation by whatever means in time, it's their fine. But check your lease. That is your legal document. What is the HOA going to do to you, the tenant? Their recourse is a lien. That's against your landlord.

[Captain Bill]

The letters should go to the home owner, who has ultimate responsibility for compliance with the CC&R's.

Your lease agreement will specify who is responsible for the yard upkeep.

If yard maintenance is your responsibility, the the owner would come to you and notify you that you are in breach of the lease.

Anytime you get a letter, you should immediately get it to the homeowner, (or the homeowners property manger if that is who you pay your rent to) and deal with the homeowner over these issues. Let the homeowner deal with the HOA.

HOA's cannot place a lien for violations; only for non payment of dues.

[GatorBait1996]

Thanks for the responses. I'm well aware that we (the renter) are responsable for the HOA upkeep on the property like weeds, shrubs, driveway kept clean of oil spots, etc.. The property management for the homeowner states that we now owe $25 to the HOA because we were warned about the weeds and ignored it, but we were never told about the first notice from the HOA until it was too late. And now I'm concerned that we will be getting another $25 fine for the driveway because we just found out about that as well, way pass the 10 day compliance period.

We are good tenants and are more than happy to take care of our responsabilities with the HOA if we have sufficient notice. I was wondering if there was a law that both parties (the homeowner and tenant) had to be informed by the HOA about any issues, but it sounds like there really isn't a law per say to inform the tenant in a timely matter. I don't think that we should be fined for the lack of communication between the HOA, Homeowner and their Property Management company.

[S. Chris Webb]

The law states:
§ 33-1341. Tenant to maintain dwelling unit
The tenant shall:
...2. Keep that part of the premises that he occupies and
uses as clean and safe as the condition of the
premises permit.

As far as I know, there is no Arizona law that says the PM or HOA Management has a certain amount of time between a warning and a fine. That is in the CC&R's of the HOA, as well as city ordinances, and will vary. Some do not have a grace period at all - they will fine and send you a notice all at once.

The letters should go to the home owner, OR the Property Manager if the Property Manager is the primary HOA contact. Often as a courtesy, the HOA will also send a notice to the tenant. It should be specified in the lease who is responsible for property upkeep, as well as who pays any HOA fines. In our leases both are the tenants responsibility. We do not think tenants should have to receive a warning to maintain the property weed-free and clean, which is not just common sense but Arizona law (see above). Why should the Property Manager have to pay the fine for a tenant's violation? There could be a reason for the PM company not knowing about the fine right away. Quite often the HOA will mistakingly send the violation notice to the wrong party, then send the fine to another. The PM company may have discovered the weeds themselves on a drive-by and sent a notice, sans fine, before they even received the bill. $25 is a walk in the park compared to what some HOA's and cities will fine you. I'd pay it and keep my weeds in check. Some HOA's are pretty strict.

The above should not be taken as legal advice - it is recommended you seek the advice of an attorney for legal advice.

[GatorBait1996]

Ha! We just got an email showing the weed(s) that are in violation, it was a plant looking thing growing out of a yucca type plant, the thing has some pretty thick root/branches and looks like it belongs there. We're new to AZ and are not aware of what is a weed and what is not, if you ask me, everything in the desert could be considered a weed.

LOL, I just pulled up a photo we took of the front yard when we moved in and that same "weed" is growing out of the same yucca plant with zero growth since moving in about 7 months ago. Stupid [mod]snip[/mod] HOA.

[S. Chris Webb]

We just got an email showing the weed(s) that are in violation, it was a plant looking thing growing out of a yucca type plant,

If you believe the violation is in error, bring it up to the Property Manager, show them the photo and ask if it looks like something they should fight. The PM may have already paid the fine, though. PM's do not want violations any more than you do - it costs them a lot of work. Second violation penalties are often stiffer.

[christiner81]

how frustrating. if nothing else, now you know that they are very strict and that you have to be proactive about the outside appearance. can you talk to the HOA to get a copy of the CC&Rs and/or request to be notified in addition to the owner?