Homeowner not responding to tenant violation of bylaws

Started by MaureenM1 • 4 replies • 1476 views

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MaureenM1 (PA)
Posts: 344

Posted:

our bylaws state that no commercial vehicles are allowed to park in the development (unless it's in their garage). Our PM has sent several letters to the homeowner asking them to have their tenant park their commerical vehicles (with several ladders on top) in the garage or outside the development.

The homeowner has not responded.

My question is, can the Association ask the PM to send a letter directly to the tenants since the homeowner has not responded after several letters. The homeowner is currently being fined for the violation.

thank you,

Maureen

TimB4 (Tennessee)
Posts: 21,059

Posted:

Maureen,

When tenants are involved, we deal with the member but copy the tenant.
This way, we know that the tenant is aware of the issue as well as the owner.

JohnH38 (South Carolina)
Posts: 100

Posted:

Maureen

The PM can only deal with the owner. The owner is responsible and has to pay the fines if any, and dispatch the tenant if necessary.

JohnH38

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The notices need to go to the home on record which is the HOA's address. If your HOA happens to know the other address of the owner then send a notice there as well. However, official notices need to go to the HOA address. Which is where the tenant lives. Killing two birds with one stone. It will be the owner's responsibility to deal with the tenants violations. Although tenants do have rights and an owner can't just kick a tenant out. So don't expect an immediate removal of the tenant. It can take up to a year to get a tenant out.

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

Why has there PM sent so many letters???

Here we send a 1st courtesy letter to the Owner's address that we have in our records--may very well be off site-- asking them to cure the violation within xx days. If not cured, our Board via the PM calls the Owner to a hearing (by US mail) where a fine may be levied depending on our decision and based on our published fine schedule.

We do copy the tenant as often they aren't aware that they're breaking a rule & comply right away.

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