babysitting offsite owners' tenants

Started by JR8 • 13 replies • 1157 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JR8 (Oregon)
Posts: 25

Posted:

We have a handful of offsite owners who live out of town or out of state, and whose tenants periodically require the board to contact the owner because of the tenant not following the rules of the HOA. This takes time, and time away from important board activities. It has the feeling of the offsite owner using the HOA Board (who manages the complex) as a sort of personal manager for their tenant(s).

Does anyone have successful systems that have worked to turn around this problem? We had thought of charging offsite owners if there is a repeated need to intervene for renters not following rules. These owners typically do not contact the Board when a tenant leaves, or comes to the complex, and there is often the additional problem of a tenant leaving trash they are responsible for (furniture, stuff they don't want) in the trash enclosure.

What we're looking for generally is a way to push offsite owners to take more responsibility of their unit's tenants, and not assume the Board will do things for them.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JR8 on 07/17/2017 8:32 PM

What we're looking for generally is a way to push offsite owners to take more responsibility of their unit's tenants, and not assume the Board will do things for them.

Monetary penalties for repeat violations within a 12 month period.

This is part of being on the Board. You deal with owners, not the tenants.
Typically, if it's an issue that we need to contact the owner about, we only contact the owner or contact the owner with a copy to the tenant (resident)

LetA (Nevada)
Posts: 2,679

Posted:

Just keep fining the owner out the wazoo.

KerryL1 (California)
Posts: 14,550

Posted:

That's how we do it too. fine, fine, fine. We also may charge owners for hauling away their tenants junk, etc., etc.

Your documents, probably your CC&Rs most likely say the Owner is responsible for the tenant's conduct. But you do need a schedule of fines and must follow due process in Oregon so make sure your understand those topics.

TimM11
Posts: 354

Posted:

Yep, that's what we do as well. We would never deal with the tenants directly outside of very specific circumstances.

SharonW3 (North Carolina)
Posts: 30

Posted:

First offense is a violation letter. A repeat of the offense and they're called to a hearing and fined. Letter of Determination outlines the fines if the problem isn't corrected. Many owners employ management companies and they are as lax as the tenants they place. We have taken our CC&R's and compiled a less legalese version which we call Community Standards. Each new resident, owner or renter, is given a copy. Owners will read, renters don't bother. But, it certainly gives the board some teeth when dealing with violations. Owners pass the fine on to their tenants and that usually gets their attention.

JR8 (Oregon)
Posts: 25

Posted:

Thanks. All this information is helpful. Do you feel comfortable sharing the jist of your Community Standards language?

KerryL1 (California)
Posts: 14,550

Posted:

Are, JR8, "Community Standards" Rules & Regulations? Or something else?

LetA (Nevada)
Posts: 2,679

Posted:

With that in mind is it legal to charge renters a "deposit" and require the renter to appear at the CM's office to be read the CC&R's and have the renter initial by each CC&R and sign off that they understand the rules?

TimB4 (Tennessee)
Posts: 21,059

Posted:

LetA,

That would be an issue between the landlord and tenant.

I expect that the Landlord would need to pay the MC for the time spent.

Instead, the Landlord should simply provide a copy of the covenants and common area rules OR point to an Association website that has them posted along with language within the lease that says failure to comply with Association covenants or common area rules is considered a default on the lease (or some sort of legalize to that end).

TimM11
Posts: 354

Posted:

Security deposits (i.e. how much can be charged and in what situations) are sometimes covered under state laws, so it can vary by location.

The HOA really shouldn't be interacting with the tenant much or at all. The relationships are HOA/owner, and owner/tenant. The owner is the point of contact for all parties involved.

JR8 (Oregon)
Posts: 25

Posted:

Thanks to all for the advice

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here