rental companies

We have a problem with rental companies advising tenants about by-laws and property rules. A lot of our owners live out of state and leave everything to rental companies. When rules are broken, they complain they didn't know. What can be done legally to control renter companies?

Billy, your Board could set up guidelines with language approved by the HOA for an owner to provide in a lease agreement. This could require many items, including the requirement of the owner to provide all controlling documents to the renter. The lease agreement can state that the owner agrees to pay fines and other costs which would be involved if the leasee violates restrictions in the controlling documents. And that the renter shall reimburse the owner for such costs. Further, it may be possible to restict the percentage of units which may be leased.

Roger - you're confusing me too. What do you mean by "your Board could set up guidelines with language approved by the HOA....?"
And now you're having HOAs writing leases for the owner? "The renter shall reimburse the owner for such costs." Why is that an HOA's business? And why would an owner have to agree IN THE LEASE to pay fines and other costs if the leasee violates restrictions? He's already committed to paying fines by virture of his contract with the HOA. Seems like too much HOA busybody way beyond their scope. I don't think any board has the authority with or without member approval to meddle in an owner's lease agreement, because bottom line: It is the owner who is responsible to the HOA - no one else. And I don't think a board has the power to regulate rentals anyway without the required percent approval of the members. Harold

I did say ignore the lease agent and go for the owner. However, most cases, the HOA does NOT have the correct information of contact for the owner. According to the contact for the owner it should technically be the address inside the HOA. As we know, owner's are out of town/state and don't live at that address. Any correspondence to that address will be caught by the renter who may or may not forward that mail to the owner.
In order to get the contact information, the HOA may need to contact the leasing agent. Although the leasing agent is involved only between the renter/owner. They do have contact information for both. So you must keep an open communication with the leasing agent but not do business with them. Your main goal is to contact the owner and give the owner the responsibility of informing their renter of the rules and issue the owner violations.
I mention the not paying assessments because that is really the ONLY thing that is enforceable legally in most states. Fines/late fees can NOT be the basis of a lien in most states. (NOT ALL). You can NOT place or foreclose on a lot based on violations. It must be non-payment of dues/special assessments or the RARE HOA paying work to be done on that residents for a violation refusing to clean/fix. (I.e. the HOA tells resident paint is wrong color, they don't change it... HOA repaints it right color... sends owner bill... owner doesn't pay... HOA liens for payment). Those are the ONLY 2 reasons the HOA can lien/foreclose. (in most states).So giving the owner violation/fines may work if they are willing to pay them.