Renter rights under HOA...

What rights do renters have with regards to a HOA condo community?

If the HOA is not addressing situations, do the HOA rights that apply to the owner also apply to the renter?

Does the renter have the right to contact and complain directly to the HOA or does he have to go through the owner/landlord? In other words, can an HOA management company refuse to speak with renters?

As far damaged property due to neglect on the HOA part, does the renters "have" to recover form the owner or can the renter recover directly from the HOA management company.

Basically, who is responsible to a renter when the HOA is negligent?

Troy

Basically as a renter you should only have interaction with the owner, not with the HOA nor management company. Please amplify how the HOA has damaged you.

Remember you as renter are NOT a member of the HOA. Your landlord is. If you have an HOA problem or vice versa, it all goes through the landlord.

Now as far as following the HOA rules... That is subjective because unless your landlord wrote that in your rental agreement, then not following them is not subject to immediate eviction. Basically, they can't evict you for not following the HOA rules if it's not in your lease. However, that doesn't mean they can't evict you for other issue related. Causing damage to the owner in the way of fines or property may be grounds for eviction. It again depends on your state law and lease agreement.

The HOA can not evict a renter as they do not hold the lease nor own the property. Does not mean they can't pressure the owner to do so. The owner's feet is held to the ground for their tenant's behavior and certain damages. A renter is NOT responsible for paying the HOA dues either. Now in Florida, a renter can IF the owner is in danger of HOA foreclosure. If the HOA is going to foreclose on the owner, the renter can pay the back dues to the HOA to avoid eviction. It may be the renter can later sue to collect these funds back from the owner later.

If you have damages to a vehicle, then it's most likely a personal insurance responsibility. Not the HOA's or your landlord. Need more information on the damage scenario your talking about.

Troy,

As a resident, you should certainly be able to report problems that you are aware of.

As a resident, you have the right to access the amenities that any member has a right to access unless said access is pulled due to the member (your landlord) failing to pay assessments or if you or your family are in continued violations of Association covenants, rules and regulations.

Since you asked " In other words, can an HOA management company refuse to speak with renters? " I get the impression that this has already happened. To be honest, I don't know the answer to that.

I can only say that I know of no requirement for the Association (the MC being the Associations agent) to discuss any situation with non-members.

I don't see the HOA being responsible for rat or pest control unless it's part of the HOA dues. Otherwise, pest control is the individual owners responsibility. Which the HOA may suggest certain types if it is dangerous to put out in public. So I would find out if the HOA is to take care of pest issues and if it's in the documentation to do so.

A few years ago, our HOA has a Termite issue. The developer used railroad ties as the basis for retaining walls. Well 20 years later and these thing were nothing but feeding/breeding ground for termites. Some causing them to be the danger of collapsing. I did end up replacing the one at the pool area because of this. However, one of the owners demanded we pay for their pest control. I talked to a Pest control expert who advised taking down these walls would actually cause the termites to go to the houses to eat. Our HOA does not pay for pest control. It is the owner's responsibility. So their demand we remove their wood wall would result in more damage to their home. Since we can't force someone to purchase Pest control, then I am sure their next step would be to want to sue the HOA for their ills. Something we were advised by an expert NOT to do. Plus if we did replace all the walls, that would require a special assessment amongst all the owner whether they had a wall or not. See if that passes...

I understand your rat issue first hand. Have that issue myself at my house. Seen some rats actually run down the street. Mind you these rats are the size of a small dog! They call them "Norway rats". I've had them chew into my central system and die in the vents. Takes 2 weeks before that smell gets out of the vents... I've had them eat everything in my pantry once while I was down after surgery. Then after I poisoned them, one died under my refrigerator fan. Taking out my refrigerator and 2 days to get it moved out of the house. I could not eat for a month in the house and could not drive anywhere due to a cast on my foot. So no one is exempt from rats once they take hold. The best thing you can do is to make the area less attractive to them. Clean up the place if there is debris under the cars. Sometimes owners need to take responsibility if they create a home for pests.

Melissa,

You seem to be very biased and very pro HOA and them not having responsibility for anything. I'm just curios, is there anything you feel they are responsible for?

So you're suggesting tenants pay pest control for the grounds of the condo complex? Why should they pay that when it's not their property? That sounds a bit absurd.

I thank you for your comments but I am hoping for honest non biased opinions based on laws and rights.

We don't have rats in the homes yet, but at this rate they will migrate from the grounds unless something is done. . We are already seeing holes and nests all over the grounds. The neighbor and I just walked and found 4 dead rats decomposing. I'd say that's a serious health concern.

And let me note again, we live in a nice neighborhood. This is not a ghetto and we don't need it to turn into one because of a bad management company.

Who said tenants pay? It is the membership that pays. So what if I am pro HOA or not? This is not necessarilya HOA issue. If they do not pay for pest control already or not in the documentation to do so, then not their problem. It is a residential problem. Which means making the area less attractive to rodents by removing the debris, keeping yards mowed, keeping cats, or making pest control efforts individually.

Why if I was an HOA member pay for pest control for someone who leaves an abandoned car with a debris under it for potential rat homes? That is the question the board and members will ask before taking action. They may decide to leave pest control up to individual owners than the HOA. That is their right to do so. Otherwise, I would suggest organizing a cleanup day or week to eliminate the potential for rat homes.

BTW.. I do not live in a HOA and my neighborhood is nice established neighborhood. We still have a rat issue. Another development up the road has a snake infestation. Hence why the rats have moved in as never seen a snake in my neighborhood. Pests usually move in if their habitat is destroyed or you all moved in. They were there first...

Larry,

I like the area and have great neighbors. I have no intentions of being forced to move from a place I enjoy. Especially from what is considered to be a great area to live.

i understand what you are saying but a person should not have to pack up their lives and move due to the negligence of a management company.

I have an great landlord and it's not his fault. He takes care of the place immediately when he can but he isn't going to fix something that is not his fault. Nor would I expect him to.

I may not be an owner but this is my home and I am not moving from my home. I will force the management company to do it or they will pay for damages through litigation. And from the sounds of it, there are plenty of owners willing to join together on damages. It won't turn out well for them.

Again you have no lawsuit against the management company. You are NOT a member of the HOA. The MC is a contractor to the HOA. They are NOT the HOA. It is up to the actual members to get together to make a solution. Damages may be covered under their homeowners insurance. Renters should have renters insurance. Most likely the HOA will not pay for anyone damages. They do not own the property and pests damages may not be part of coverage.

Sorry but as a renter you have no HOA rights or votes. Your landlord does. Get him on board to represent or deal. Someone else getting damage from pest is not your issue. If you do, then contact the landlord to take action that is all can do.

Troy,

One thing to remember is that the issue is with the Association.
The MC is simply an agent of the Association and the go between.

You may want to write a polite letter to the Board directly (perhaps mailing it to the Director's home vs. the HOA mailbox, to make sure they get it) expressing your concerns. It could be that these issues are being hidden from the Board. Worst case, the Board is aware of these issues and agrees with, or is directing, the actions of the MC. You simply won't know until you talk to a Director.

I have to disagree with you, Troy. This IS your landlord's problem--he owns those common area premises with other owners, and if he's such a great guy he will combine with other owners to put pressure on the Board of directors.

The one thing rats love more than anything is peanut butter when I worked in a salvage yard as entertainment, we would put out a big glob of PB and pour tar around it. Now a rat will go though just about anything to get to the PB so we would sit out after work and plink them off with a 22 when they got mired in the tar. If you live in an incorporated area you might have to stick to pellet or bb guns rather than 22's.