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If an owner receives a judgment for failure to pay hoa dues and is renting his unit under sect 8 can the hoa levy his rent? if so what part of fair housing handles this?
Working into the rent payment (higher rent) is a great idea...
BUT to put it into clause...
Like someone else said...
Its *your* house & asset that will be affected "if" you don't pay the HOA fee.
It is "compulsory" & must be paid (no excuses) by the homeowner or that homeowner suffers MOST = fact!.
Rent typically funds the mortgage, property taxes and where applicable, the HOA fees. Renters are obligated to pay their rent per the lease with the landlord. The owner, not the renter, is legally responsible for paying his mortgage, property taxes and HOA fee, where applicable.
Utilities are a variable. Usually the renter pays for electric. Gas, water /sewer may or may not be included. Same with cable/Wifi.
I think my HOA's rules are reasonable for the most part, though it is insulting that they feel they must TELL me not to blast my stereo, not to dump garbage, not to use my garage as an auto repair shop, etc.
You obviously haven't thought this through - your objection to having "obvious" rules about (for example) not leaving garbage lying around is idiotic. Consider: If there were not written rules, even about "obvious" things, then there would be no basis on which to enforce those things. And don't tell me no one would blast their stereo late at night (or other such things) if there weren't written, enforceable rules. If you believe that, you are incredibly naive. You may have consideration for your neighbors (and if you do, it is much to your credit), but not everyone does. I speak from personal experience, not just from a theoretical stance. The HOA cannot enforce an unwritten rule. You benefit from having the written rules, whether you realize it or not.
I am leasing a condo in a retirement community, and pay the HOA fee increase every year, including my rent. In my lease, the owner included the following : # 42. Other terms and Conditions: Supplements. "Rent will increase each January in like amount of any HOA dues increase. Also, Tenant will pay the HOA Unit Lease Permit Extension on each anniversary date of the lease." My questions are: 1. Should I, as the Tenant, pay the HOA fee increase every year when I am not the owner?" 2. Since we are governed by a non-profit board, why isn't this increase the owner's responsibility." Shouldn't I be provided with the rules and regulations of the HOA to see what my rights are, and what I am responsible for in this situation? Doesn't every Board have covenants?
I would assume you are responsible for whatever it says you are in the lease you signed. When I rented the HOA fees were paid by the owner, though they may have been included in the rent he charged us but not specifically.
However there was nothing in the lease about us paying it and we didn't.
The lease contract normally controls.
Your contract dictates your responsibilities. I don't believe it is typical to have the renter responsible for the HOA fees in most cases. I would not want to be on the hook for that plus your terms don't say anything about special assessments.
When I rented a townhouse, I did not pay the HOA fee.
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