Collection of HOA Dues from the Lessor/Agent

Is she legally obligated to provide the names of the new tenants?

No, unless you have rental rules that requires this.

If she fails to pay the HOA fees, can we bill them?

No, unless you have rental rules or state law that allows this.

As per our bylaws, we would like to send a notice to the family informing them that they are not allowed to utilize the pool until all dues are current. Can we legally do this to the tenants?

No, unless you have rental rules or state law that allows this.

Brenda:

Our property's documents require owners to provide contact information for whoever is living in their unit. Owners or tenants. Plus a copy of their current lease, vehicle information, emergency contact information, etc. I would read through your documents to check.

In NY the tenant CAN be served with an order they pay their rent directly to the association when and if the owner fails to reamin current. I would guess your property's attorney might inform you whether this is possible in your neck of the woods.

And again on our property if the owner is not current they can and do forfeit the use of the property's pool. We simply do not issue that owner or tenant a pool pass. Why should they or the tenant be allowed to use the services covered by the payment of dues when they don't pay dues. Again, an attorney would be able to advise you if this is allowed under your state and local laws.

Do you have a set of rules and regulations??? A fine schedule??? Late fees??
When does your property begin collections??????

Have you placed a lien for unpaid dues?????

We do have a set of rules and regulations. We do address interest on late payments and collection of fees incurred from recording the lien. We have already recorded liens on the property for unpaid dues and interest. We are attempting to collect, though not through an agency.

I like your policy regarding providing copy of the lease, vehichle information, etc. We do not have any thing regarding rentals. Unfortunately, our builder allowed this individual to rent before he went bankrupt. He stole every bit of the funds from our HOA and the homeowners started getting liens on their properties for debts that he didn't pay. We were only 33% built out when the community collected funds to acquire an attorney and take control of the HOA. The bylaws were established by the builder. We are in the learn as you go stage right now.

I will take your advice to speak with our attorney regarding our state laws on if we can serve an order to have the tenant pay rent to our association. I am also going to see if the rest of the board members and the homeowners will assist in amending our bylaws to include some of the items you mentioned (provided our state laws allow it).

Thank you for your assistance!

Actually Melissa if Brenda lived in Florida the rentor can pay the HOA fees and deduct from the rent due to the Owner. It would maybe be nice if more states consider this option in their legislative sessions.

Actually the Fl statute allows the HOA to evict the renter if the renter does not pay the HOA after notice that rent must be paid to the HOA because the owner is delinquent.