Communicating with Tenants

LindaK5 (California)
Posts: 242

Posted:

I've searched the Civil Code and Davis-Stirling diligently, but am unable to find anything on this topic.

I thought that HOA's can only communicate with tenants in case of emergency and not regarding any "informal" topics. Anything beyond an "emergency" would need to go through the landlord.

KerryL1 (California)
Posts: 14,550

Posted:

Well, the unit owners are responsible for their tenants' behavior on the premises and can be called to hearing and fined if their tents break rules. this would re quit notification form the HOA Board or property mgr.

But in these cases in our HOA, we also notify the tenant so they have a chance to correct the violation. Often renters aren't aware of the rules.

There is no requirement that HOAs' boards or PM's MUST NOT informally contact renters.

How about an example, Linda? I actually don't know what you're driving at. Are you an Owner, by the way? Or a tenant?

LindaK5 (California)
Posts: 242

Posted:

Thanks, Kerry.

I'm an owner and I'm also on the Board.

I think my question was answered by another homeowner who is also an attorney experienced in this matter. Although, like most everything, it's all about the interpretation.

The tenant in question is an adult "child" (50 years) that resides in a townhome. She has known mental health issues and can be volatile, so I tread lightly. In the past, I've received a few very nasty e-mail attacks from her that I've ignored.

I recently received an e-mail from her stating that she is now going to "manage" the townhome. Kind of silly actually - she lives there. What is she going to do to manage it :-) Her father (owner) is moving out of the area and would still be handling the financial aspect of the townhome, so I'm not sure what she is getting at.

My understanding is that the Board/Association communicates with "members" (homeowners) only so I feel like I should not communicate with her, which in itself will probably cause her to send me another nasty e-mail. One of the joys of being in an authoritative position. I have a letter composed to the homeowner with her attached e-mail stating if she is going to manage the unit and communicate with the Board/Association, he would need to pursue a restricted or limited form of a Power of Attorney for this matter and of course, that would not alleviate him of his financial responsibility in regards to townhome expenses, HOA dues, etc.

KerryL1 (California)
Posts: 14,550

Posted:

Especially in this case, Linda, I think it's best if you communicate only with the Owner. If he wants to give her some sort of POA, I think you'd want to, again especially in this case, have your HOA attorney advise you on the exact wording.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Communicate with the owner. Technically a tenant does not have to follow the HOA rules unless it's part of their rental agreements. The owner is responsible for any violations the tenant may do and adhering to the rules. If your HOA fines, the fine goes to the owner. The owner needs to protect themselves by putting the caveat to follow the rules.

Former HOA President

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By LindaK5 on 02/09/2015 11:37 AM
I recently received an e-mail from her stating that she is now going to "manage" the townhome. Kind of silly actually - she lives there. What is she going to do to manage it :-) Her father (owner) is moving out of the area and would still be handling the financial aspect of the townhome, so I'm not sure what she is getting at.

My understanding is that the Board/Association communicates with "members" (homeowners) only so I feel like I should not communicate with her, which in itself will probably cause her to send me another nasty e-mail. One of the joys of being in an authoritative position. I have a letter composed to the homeowner with her attached e-mail stating if she is going to manage the unit and communicate with the Board/Association, he would need to pursue a restricted or limited form of a Power of Attorney for this matter and of course, that would not alleviate him of his financial responsibility in regards to townhome expenses, HOA dues, etc.

We communicate with our HOs primarily via email. Any resident, tenant, etc. who wants to be on our email distribution list is put on. The wording in our emails often says "all homeowners and residents." We don't distinguish except when it comes to voting.

One of the reasons we do it this way is that landlords rarely communicate what we think should be communicated to tenants, even though our organizing docs make it mandatory. Another is that we think it's important to let tenants know when certain things are going to take place, like chemical treatments, etc. And we find out if the trash guys missed a house.

We do not feel that we have any obligation to respond to nasty emails. But those can come from a HO just as easily as they can come from a tenant.

Sikubali jukumu. Read all posts at your own risk.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By NpS on 02/09/2015 3:55 PM

Posted By LindaK5 on 02/09/2015 11:37 AM
I recently received an e-mail from her stating that she is now going to "manage" the townhome. Kind of silly actually - she lives there. What is she going to do to manage it :-) Her father (owner) is moving out of the area and would still be handling the financial aspect of the townhome, so I'm not sure what she is getting at.

My understanding is that the Board/Association communicates with "members" (homeowners) only so I feel like I should not communicate with her, which in itself will probably cause her to send me another nasty e-mail. One of the joys of being in an authoritative position. I have a letter composed to the homeowner with her attached e-mail stating if she is going to manage the unit and communicate with the Board/Association, he would need to pursue a restricted or limited form of a Power of Attorney for this matter and of course, that would not alleviate him of his financial responsibility in regards to townhome expenses, HOA dues, etc.

We communicate with our HOs primarily via email. Any resident, tenant, etc. who wants to be on our email distribution list is put on. The wording in our emails often says "all homeowners and residents." We don't distinguish except when it comes to voting.

One of the reasons we do it this way is that landlords rarely communicate what we think should be communicated to tenants, even though our organizing docs make it mandatory. Another is that we think it's important to let tenants know when certain things are going to take place, like chemical treatments, etc. And we find out if the trash guys missed a house.

We do not feel that we have any obligation to respond to nasty emails. But those can come from a HO just as easily as they can come from a tenant.

Good suggestions/method.

KerryL1 (California)
Posts: 14,550

Posted:

Right we communicate with all residents for the types of topics NpS notes.

And that should continue with your problem tenant, Linda. But those emails are a different story

TimB4 (Tennessee)
Posts: 21,059

Posted:

Linda,

As others have pointed out, the Association is not required to deal with a tenant. However, most Associations try to resolve issues at the lowest level possible and will attempt to resolve an issue informally with the tenant directly, prior to addressing the issue with the member.

Our Association uses a post-it type friendly reminder for informal attempts at resolving issues.

For formal notices my Association sends them to the member with a copy to the tenant. This way, we aren't drawn into the member says-tenant says argument as both sides are aware of what is told to the other. However, the Association only responds to the member after formal notification has been sent and we do not copy the tenant in any responses.

As for property managers, when our Association is informed that the property is being managed, we communicate directly with the property manager concerning violations and assessments (with a copy to the member). Membership meeting notices, election materials and other member specific issues are sent directly to the member only.

KerryL1 (California)
Posts: 14,550

Posted:

I hope that all who wish to advise Linda will look specifically at her 2/9, 7:36 post in which Linda says nothing about this tenant breaking rules. Rules are not the problem.

Linda's concern seems to be that this tenant has mental health issue and is volatile, Linda reports. She is trying to find way to tree lightly

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KerryL1 on 02/09/2015 8:02 PM

Linda's concern seems to be that this tenant has mental health issue and is volatile, Linda reports. She is trying to find way to tree lightly

Kerry,

I did read that. I have a neighbor who is bipolar and everyone stays away when they go off their medicine.

Be they members or be they tenants, Boards have to deal with all sorts of individuals. If a Board member has concerns contacting a specific individual (for whatever reason), then they should either ask another board member to be the contact point or go through a third party (PM/MC/Attorney).

If a Board member is concerned about their safety after contacting an individual, they should contact the local police and rely their concerns.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Quote:

Posted By LindaK5 on 02/09/2015 11:37 AM
I recently received an e-mail from her stating that she is now going to "manage" the townhome. Kind of silly actually - she lives there. What is she going to do to manage it :-) Her father (owner) is moving out of the area and would still be handling the financial aspect of the townhome, so I'm not sure what she is getting at.

My understanding is that the Board/Association communicates with "members" (homeowners) only so I feel like I should not communicate with her, which in itself will probably cause her to send me another nasty e-mail. One of the joys of being in an authoritative position. I have a letter composed to the homeowner with her attached e-mail stating if she is going to manage the unit and communicate with the Board/Association, he would need to pursue a restricted or limited form of a Power of Attorney for this matter and of course, that would not alleviate him of his financial responsibility in regards to townhome expenses, HOA dues, etc.

You seem to have 2 specific concerns Linda

1. Email that she is now going to manage the unit. I can envision a conversation that dad had with her in which he said that he is moving away, and she now has to take care of certain things herself. And she communicated that to you. If I was in your shoes, I would not make anything of it. He'll continue to pay the assessments. And so far, she hasn't made any unusual demands. So I don't see why it would be necessary to send something formal-looking to her - which could in itself be confusing and disturbing to her. I would simply email her back thanking her for letting the HOA know of the change.

2. Nasty and volatile emails. In my experience, the best approach is to respond to all emails from this person with consistency, friendliness, and simplicity. Be polite and respectful. If she is disrespectful to you, you can always escalate it to her dad.

Many people with emotional limitations are more afraid of you than you are of them. IMO, taking actions that heighten those fears are likely to be counter-productive.

Sikubali jukumu. Read all posts at your own risk.

AmandaR2 (South Carolina)
Posts: 566

Posted:

I agree with the advice given above by NPS. Just acknowledge her statement of "change of management". Then be consistent, respectful and simple with response to any nasty emails. Hopefully nothing will escalate (don't add any fuel to the fire and hopefully it will die out). Many times when you respond in that way the storm subsides (or at least softens). Good luck

LindaK5 (California)
Posts: 242

Posted:

Again - thanks for the replies! Great info!

NpS - I think you've hit the nail on the head. Most likely, she has construed information given by her father and to make herself feel more "important" passed along that "construed" information to me.