Owner/Tenant Contracts

Started by RobynH1 • 10 replies • 1546 views

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RobynH1 (South Carolina)
Posts: 39

Posted:

What is the duties of the Owner when renting their unit? Contract

What is the duties of the HOA to the tenanat? No contract

I was told the HOA cannot/should not/ have contact with the tenant.

How does this work when you have out of state Owners and tenants out of control?

Thank you,
RobynH

JohnB26 (South Carolina)
Posts: 1,569

Posted:

you issue violation notice(s) to the owner(s)

you take action against the owner(s)

nothing has changed by their renting out the unit/home

the owner is absolutely responsible for the (non-criminal) actions of ANY tenants

you call law enforcement for any criminal action(s)

JohnB26 (South Carolina)
Posts: 1,569

Posted:

HOA membership is appurtenant to and can not be separated from ownership.

Check your documents .... read it for yourself.

Look at the article named: DEFINITIONS

this is 'boiler-plate' language used by any attorney/clerk

unless your documents specifically: 'delegate rights to lessees' (in which case the lessor can no longer use a common element/ammenity) the HOA has no obligation what-so-ever to a tenant beyond what it provides to any member of the public

in any event: the tenant has no contractual obligation to the HOA - PERIOD/DONE

JanetB2 (Colorado)
Posts: 4,219

Posted:

LOL ... well a few exceptions such as FL where if owner is behind on assessments the HOA can require the Tenant to pay rent to HOA until assessments no longer behind. My opinion that is actually a pretty good statute.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

...still has no contractual obligation to the HOA...can't fine him/her for violations, can't vote, etc.

...his/her obligation under state law !?

DoloresM2 (California)
Posts: 60

Posted:

I think that having the tenant pay the rent is certainly a good way to collect back assessments. However, I am a little curious how that affects the tenant's relationship with the landlord. Hopefully the landlord cannot claim that the tenant is still on the hook for the rent because of their lease agreement.

Also, what would happen if there were emergency repairs to be made on the house and the tenant has to use the rent money to pay for them instead of paying the association. It is these little legal details that always interest me.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dolores:

It potentially came about due to FL having snowbirds and higher rentals for which the owners were renting units, pocketing the rent money, and not paying the HOA dues. Here is a link to the statute info to see what you think and it starts at (8)(a) ….

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0720/Sections/0720.3085.html

MikeS1
Posts: 521

Posted:

If you wish to bring residents into compliance as well as improve communications between the owner, the tenant, the property manager, and the HOA; then implement a lease addedum resolution. It's mainly designed to make sure that the owner makes the HOA docs and rules available or accessible to the tenants. Believe me, it works. Just google "HOA Lease Addendum" and you find several samples. I've another one if you're interested.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RobynH1 on 03/10/2012 12:39 PM

What is the duties of the Owner when renting their unit? Contract

What is the duties of the HOA to the tenanat? No contract

I was told the HOA cannot/should not/ have contact with the tenant.

How does this work when you have out of state Owners and tenants out of control?

Hi Robyn:

Per your questions:

1. The duties of an owner renting potentially will be found under your states tenancy/rental statutes.

2. The HOA has a duty to the members and the property covered by the documents. Some documents and laws give rights to tenants; therefore, what do your documents state on this issue?

3. If the HOA just has responsibility towards the owner as a member and none for tenant/renter, then they should only deal with the owner.

4. Make sure your fine process for violations climbs after the first violation, if allowed by documents or state laws. Potentially if the Owner gets fined enough for violations they will curtail their renter or they will evict the renter. It is up to the Owner to control meeting the laws and governing documents.

Also, I think Mike has a good idea regarding HOA Lease Addendum. Potentially you would want proof from the Owner that the Tenant has been informed and agrees to follow the regulations. This would remove anyone later trying to claim no responsibility, due to not knowing the rules and regulations.

MikeS1
Posts: 521

Posted:

Janet - It really does help with the communication process. We're also reaching out both the owners and tenants and asking them to provide our property manager with a contact form. (Reasons - Include emergencies, neighborhood watch news, general news about community events etc). We also encourage the tenants to open an account on our website so that we can easily keep them up to date). It's working well.

RobynH1 (South Carolina)
Posts: 39

Posted:

Hello Mike,

I would so appreciate a copy of your "HOA Lease Addendum"

My CC&R state tenants have the same obligations to the CC&R, ByLaws and Rules and Regs. as an Owner.

Thank you Mike
Robyn

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