Requesting Tenant Information

Started by RicaH • 3 replies • 2784 views

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RicaH (Florida)
Posts: 7

Posted:

Are there any rules about collecting basic information such as name and contact information from tenants of rental properties? Can we require that owner's provide this information to us when a new lease is signed? This topic is not discussed in the bylaws or CCRs. This is a FL HOA.
Thanks,

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can ask all you want and get lucky if they provide it. However, it's consider interference between a legal contract with the owner and tenant. The HOA can't interfere with an owner's contract such as rental agreements.

This is one of those gray areas when it comes to rental limitations/exclusions. It supercedess the HOA's responsibility and documentation. Except in states like Florida, HOA's are to hold the owner responsible for rule violations or unpaid dues. Rental tenants aren't responsible. So why need a rental tenants information if the HOA can't make them pay or be responsible for the owner's responsibility?

Former HOA President

RogerB (Colorado)
Posts: 5,067

Posted:

Rica, following is one association's Rule:

Rentals/Leasing: All rentals shall require an executed lease. The lease shall be for a minimum of 6 months and shall not allow month to month tenancy. No Owner may lease their unit for transient or hotel purposes. No more than two unrelated tenants are allowed to reside in any one Unit. One for rent sign may be placed in one window.

All leases shall include the following statement: “The lessee has received and herein agrees to abide by the Governing Documents of the _____________ HOA. It is agreed by the owner and the lessee that failure by the lessee to comply with the governing documents shall be cause to terminate the lease.

The Owner shall provide to the Managing Agent, prior to occupancy, (a) an executed copy of the lease; (b) the names of all occupants, a phone number and an email address (if available) by which the lessee may be contacted when necessary; and (c) the license numbers of all of the lessee’s vehicles to be parked in the garage of their unit.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I like the above letter and form don't get me wrong. It is EXACTLY what I feel a HOA should be doing when it comes to rental property. However, not all good ideas can be used. This is one of those...

The problem here is that the HOA isn't just 1 person or entity...It is EVERY OWNER as 1 entity/body. With that said, as a owner do you want everyone to know what you do with your property? Is it their right to know? Why then apply it to someone else?

There is a CONTRACT between the OWNER and the HOA. There is a CONTRACT between the OWNER and RENTER. There is NOT a contract between RENTER and HOA. A does NOT = C. However, the HOA does have the right to enforce any rule violations onto the owner the renter may do. Plus the CONTACT between the Owner and Renter should reference following the rules of the HOA in it.

It all sounds like it should be connected but it's really not. There are Renter's rights as well as Owner's rights. I've rented my HOA property out before. It is a frustrating thing as my tenants not only moved in an illegal baby Emu into the back yard without my knowledge but they also did not pay me rent for 5 months...It wasn't the responsibility of the HOA to manage my property it was MINE. Took me 2 months to evict due to "Renter's Rights" issues.

By the way...Did you know a renter could live legally up to YEAR in your house without a rental agreement or NOT paying rent? A owner's hands can be just as legally tied to that crappy property as the HOA is seeing it. So don't always assume an owner isn't aware of the situation, sometimes they legally can't evict the tenant in a timely fashion themselves...

Former HOA President

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