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CherylT (Arizona)
Posts: 11
Posted:
Hi Guys,

My C,C & R's don't state much about renters. I wanted to know how to proceed
with my problem. By the way, I'm the Pres of HOA.

The owner moved out without leaving me an address of course! He rented it,
and suddenly about 6 cat showed up and go in and out of the neighboring house
to me. They get on the roof of the property , as there is a small balcony on
the two story models. They poop all over my property and the stench and smell
is disgusting as I found out when I was weeding last weekend. I know I can go
to the county recorder's office to find the owner. So I do plan on sending him
as well as the renter's a letter to let them know that there is a leash law,
even for cats. And let them know this is a notice and the next time they are
out and poop on neighbor's lawn and run loose, the humane society will be called

Is this the proper procedure? Someone must have run into this problem before?
RogerB (Colorado)
Posts: 5,067
Posted:
I would talk to my neighbor the renter to get the owners mailing address and to advise the renter about the rules regarding pets. Then I would mail a notice of violation to the owner advising what restriction is being violated, that they are responsible to correct it or can be fined.
GlenL (Ohio)
Posts: 5,491
Posted:
Cheryl, while our documents allow renters, the rental period must be for at least six months, the renter must abide by all the CC&R's and the homeowner is responsible for any and all damage done to Association property by the renter. We also require that the owner provide the Board with a copy of the rental agreement (they may redact the rental price) so that we know who is living there. Thanks to a change in State law all owners or occupiers must provide the Association with contact information and we (the BOD) can initiate eviction proceedings:

To initiate eviction proceedings, pursuant to Chapters 5321 and 1923 of the Revised Code, to evict a tenant. The action shall be brought by the Association, as the Unit Owner’s Agent, in the name of the Unit Owner. In addition to any procedures required by Chapters 5321 and 1923 of the Revised Code, the Association shall give the Unit Owner at least ten days written notice of the intended eviction action. The costs of any eviction action, including reasonable attorney’s fees, shall be charged to the Unit Owner and shall be the subject of a special assessment against the offending Unit and made a lien against that Unit.

If you currently do not have any rules or regulations concerning renters, get them in place now. It is much easier when the majority on owners live on property than trying to get a bunch of owners who rent their property to regulate themselves. There are other threads about renters on this board. Some associations limit the number of rental units available or outright ban them.


Studies show that 5 out of 4 people have problems with fractions
BrianB (California)
Posts: 2,820
Posted:
in general, owner vs renter is not a consideration for the rules... everyone must abide by them, no matter their economic status. The difference comes into play in how the board deals with each: the renter answers to the landlord, and the OWNER answers to the HOA. you must deal from HOA to Owner, only, unless you have specific rules differing from that.

What does your CC&R's say about pets/cats? You can only enforce those rules, nothing more (on your own). You are correct, that if the city has a leash law that covers cats, you can turn the owner/renter into the city, but you cannot enforce the city code as an HOA... the city enforces it.
So, enforce your rules with the owner, contact the city to enforce theirs, and see what happens.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By CherylT on 11/27/2006 12:47 PM

The owner moved out without leaving me an address of course!


The county tax records should have the owner's mailing address. This is where he/she receives the tax bills. Some counties have this information on-line, for others, you may have to write, call, or visit.

If the renter is violating city, town, or county law, contacting the proper agency may be the best solution.


Ron
SC

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