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SarahN (Virginia)
Posts: 1
Posted:
Has anyone published any rules for homeowners who are investors and rent out their units? We're noticing the decline in property values as a result of lax renter rules. The homeowners are not being responsible with maintenance and inspections. We'd like to suggest rules pertaining to window dressings, noise levels, use of dumpster (not for furniture or moving refuse), maintenance of heat pump/AC filter, owner to maintain regular inspections of rental units, checking appliances and piping. No pets rule and no roommates rule and how best to handle complaints.

Are there legalities we must think of. Do we word the documents as "suggestions" rather than rules? I could foresee this as being prejudicial against renters. We're trying to maintain our property values.
Jadedone4 (Virginia)
Posts: 495
Posted:
Sarah, your board can promulgate resolutions which address rental units. Example, when an owner rents his unit, the HOA can request that the lease be for a minimum period (one year), that the owner has clearly articulated the HOA and community requirements/standards (i.e. noise levels, parking, trash pick-up, etc). This signed by the owner and the renter. While an HOA can take corrective actions against a renter (limit/ban use of common areas) for infractions - most often the it is the owner who bears the bulk of the responsibility of "controlling" his/her tenant. If you are experiencing the problems listed, send a copy of the CC&R's to the renter, and an update to the owner. If that fails to correct the issue, and you (obviously) do not have rules/regulations created to address - it would be my opinion that the infractions would be the responsibility of the owner, as if he had "guests" on the property who violated CC&R's (while not the owner directly committing the infraction, he/she is still responsible).
HaroldS1 (Arizona)
Posts: 314
Posted:
Sarah - this subject has been covered quite often here. Do a search in the upper right corner for "renters", "rental controls", etc. You will find a lot of useful information. Harold
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The owners still have to obey the By-laws and CC&R's no matter what. If the renters are violating any of these rules, then you notify the owner of the violations. Your HOA already have the rules in place with the By-laws and CC&R's. No need to adopt a whole other set of rules. Just start enforcing or modifying the ones you already have.
It is the OWNER's responsibility to make sure the renter is aware of the Rules of the HOA and that they obey them. If they renter doesn't, then the HOA has every right to hold the owner responsible. It all falls back on the owner in the end.
I was just involved in a lawsuit with an owner who was trying to force their rent to own person to pay the dues. The owner thought that if they sent us a notice they had a "leaser" that that "leaser" would now be responsible for paying the dues. That is completely irrelevant to the HOA. The HOA doesn't care what the arrangements are with the property owner and tenants are. If the dues aren't paid, they are going to lien/foreclose upon the owner.
The HOA stands for HOMEOWNERS ASSOCIATION. That means that the OWNER's are responsible for living with and creating the rules for which they want to live by in community with eachother. The HOA has to keep the Owner's feet to the "fire" in cases of rental abuse.
Just start enforcing the rules you have and you will see things turn around. It's going to be rough and have plenty of knocks on the door. However, if you have the problems you say your having, your going to have to address them head on.

Former HOA President
MikeS1
Posts: 668
Posted:
There's always been a huge communication gap between the tenant, the P.M, the Board and the ownner and one of the biggest problems stems from the fact that our contract is with the absentee owner and not the renter. (Declaration is a form of contract or agreement between an association and its lot owners.) Tenants as individual parties have only a leasehold interest in the lot, and are not parties to the Declaration. Thus, the Assn (usually) has no standing to enforce covenants or rules/regs against a tenant. Often times, the renter never sees the HOA docs and yes the owner should have made these accessible or available, but nevertheless, we have no control of what goes on between the renter and owner. THEREFORE, On advice from our attorney, we're going to try a lease addendum.

The Lease Addendum shall require, that each lot owner in your community who rents his property must submit to the Board not only a copy of the executed lease, but also execute (with his tenant) a lease addendum format. That lease addendum, requires that the lot owner physically provide his tenant with the Declaration and rules/regs of the Assn. There is also a rent garnishment provision whereby the owner and his tenant have to agree that if the lot owner becomes delinquent in his assessment payment to the Assn., that the tenant, upon written demand by the Assn., has to re-direct his monthly rental payments to the Assn. until the assessment debt has been paid in full, and the landlord lot owner has no recourse against the tenant for nonpayment of rent. There are numerous other incidental clauses that include enforcement provisions, but that's the short story.

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