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Old 04-29-2011, 07:05 AM
 
134 posts, read 109,569 times
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[SIZE=3]I have a question, I got a covenant violation letter from HOA in a community, I am the owner, the property is managed by a third company (simply for finding the tenant, not for maintenance), and tenant currently lives in the townhome and causes the violation. I am wondering if I am responsible of the violation or the company or the tenant. How should be getting these letters?[/SIZE]
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Old 04-29-2011, 07:10 AM
 
Location: NW Cary
380 posts, read 879,220 times
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I would think the violation letter was sent to the "right" person; you as the property oowner.

However, IMO unless you have in your agreement that either the property manager you hired OR the renter is responsible for any HOA violation....unfortunately it would fall on you.

Curious: what was the violation?
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Old 04-29-2011, 07:24 AM
 
134 posts, read 109,569 times
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[SIZE=3]Violation is a box that they keep in front the house and that needs to be removed. I asked the property management company, for some reason they were not able to get it removed. What are my options?[/SIZE]
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Old 04-29-2011, 07:42 AM
 
Location: Lakewood Ranch, FL
5,634 posts, read 8,850,347 times
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Hopefully, your lease states that the tenant agrees to follow the rules of the association. Explain to them that you received the letter and you want them to remedy the situation. If they don't, you are probably going to receive a fine and, at that point, you'll probably want to evict them. It is your property and you are responsible for making sure that the rules are followed by whomever occupies the property. By the way, I don't believe that you have the right to remove the box yourself in case you are tempted. If this gets complicated, you'll want to consider talking with an attorney to protect your rights and minimize your exposure.
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Old 04-29-2011, 07:42 AM
 
Location: NJ
17,579 posts, read 41,306,854 times
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It is almost certainly your problem. Did you put something in your lease concerning following the HOA rules?
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Old 04-29-2011, 07:52 AM
 
Location: Simmering in DFW
6,948 posts, read 20,280,407 times
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I get these occasionally. I just email my tenants and tell them I have received that notice and if its not corrected there will be a fine I'll have to pay and I sure would hate having to withhold that from their security deposit when they move. I always tell them I personally haven't seen the violation so have no understanding of the problem and if they believe there's some misunderstanding they should take a photo and let me know and I'll take it up with the HOA. I've never had anyone refuse to fix the problem but if it escalated I guess I'd have to go over there and check it out. I manage my own properties.
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Old 04-29-2011, 08:49 AM
 
4,567 posts, read 8,952,560 times
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The owner (you) is responsible for the fine. How you get the money back from your tenants is up to you.
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Old 04-29-2011, 09:04 AM
 
Location: NJ
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It is an interesting topic. Let's say a LL rents out his place and does not put anything in it about following the HOA rules. Let's say he doesn't even tell the tenants the place is even part of an HOA. Now that tenant is breaking an HOA rule. Does the LL legally have the right to collect and penalties because of that? Or even demand that the tenant stop breaking whatever rule they are breaking?
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Old 04-29-2011, 09:28 AM
 
Location: Boise, ID
8,047 posts, read 24,976,801 times
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Quote:
Originally Posted by manderly6 View Post
It is an interesting topic. Let's say a LL rents out his place and does not put anything in it about following the HOA rules. Let's say he doesn't even tell the tenants the place is even part of an HOA. Now that tenant is breaking an HOA rule. Does the LL legally have the right to collect and penalties because of that? Or even demand that the tenant stop breaking whatever rule they are breaking?
My opinion only:

No, they cannot collect penalties from the tenant in this circumstance.

As for demanding they stop, depends on what the violation is, whether it is also illegal or in violation of the lease. I can't think of many examples that would be in violation of CCRs but not of the lease or the law, unless the lease is very poorly written. I had a tenant who was hanging a tarp over the fence and the HOA complained, so I guess that would be one thing that wasn't covered in our lease.

Most CCRs, at least in my area, have a clause that says if an owner rents out their home, they agree to make the tenants abide by the CCRs, so by not having that clause, and not being able to enforce rules, the owner may face additional penalties from the HOA for not abiding by that clause, in addition to the penalties from whatever the original violation was.
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Old 04-29-2011, 09:35 AM
 
Location: NJ
17,579 posts, read 41,306,854 times
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Quote:
Originally Posted by Lacerta View Post
My opinion only:

No, they cannot collect penalties from the tenant in this circumstance.

As for demanding they stop, depends on what the violation is, whether it is also illegal or in violation of the lease. I can't think of many examples that would be in violation of CCRs but not of the lease or the law, unless the lease is very poorly written. I had a tenant who was hanging a tarp over the fence and the HOA complained, so I guess that would be one thing that wasn't covered in our lease.

Most CCRs, at least in my area, have a clause that says if an owner rents out their home, they agree to make the tenants abide by the CCRs, so by not having that clause, and not being able to enforce rules, the owner may face additional penalties from the HOA for not abiding by that clause, in addition to the penalties from whatever the original violation was.
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.
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