A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Fining Owners due to supposed renter problems

Started by AlexM1 • 12 replies • 985 views

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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AlexM1 (Oklahoma)
Posts: 287
Posted:
I was informed recently that HOAs do have an OK to fine owners of their rented unit if the renter is considered unruly, and/or causing problems in the community. Is anyone aware of this happening? Presently, one owner is accusing a tenant of causing problems. What problems that person is talking about, we do not know.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Most governing documents specify that owners/members are responsible for the actions of their family, guests and tenants. This is the basis for holding the member responsible for violations done by their tenants, family members or guests.

You should treat a violation by a tenant the same way you treat violations by members.

Our process is to initially send warnings.
When the space is rented, we send the warning to the tenant and owner (letting each know that the other received a copy). If there is a property manager involved in the rental, we send a copy to them as well.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If the HOA has the right to fine, then that fine will go to the owner of the lot NOT the renter. It's best for the owner to have it written into their lease agreement that the renter must obey the HOA rules or be evicted or pay any expense incurred by their violations. Most lease agreements do not have such a clause. It's up to the individual to put that in.

The HOA will always hold the owner's feet to the ground for violations. They are members not the renters.
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By AlexM1 on 09/19/2017 6:02 PM

Presently, one owner is accusing a tenant of causing problems. What problems that person is talking about, we do not know.

Unless it's something that can easily be verified (exterior change without approval, personal property left out, parking issues) our Association doesn't become involved in neighbor v neighbor disputes.

For the Association to consider being involved we require complaints from two separate lots.
Otherwise, we tell them both to work it out, contact the police or take the issue through the courts.
DaveD3 (Michigan)
Posts: 796
Posted:

Ultimately, it's the owner's responsibility. He should have language in that lease that says the lessee is responsible for following rules and are responsible for any fines or violations.

From the HOA perspective, that's neither here nor there. You fine the owner, he dukes it out with the tenant.
AlexM1 (Oklahoma)
Posts: 287
Posted:
What if the person(owner) doing the complaining is a definite troublesome individual and is notorious for finding fault with others.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By AlexM1 on 09/19/2017 6:02 PM
I was informed recently that HOAs do have an OK to fine owners of their rented unit if the renter is considered unruly, and/or causing problems in the community. Is anyone aware of this happening? Presently, one owner is accusing a tenant of causing problems. What problems that person is talking about, we do not know.

I'm going to reply before reading the other replies: Nope.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By AlexM1 on 09/19/2017 6:02 PM
I was informed recently that HOAs do have an OK to fine owners of their rented unit if the renter is considered unruly, In most states that is NOT true ... The Homeowner who owns the property is the individual who will receive any fine for their tenants. The HOA can only hold the Owner of the property liable for following the CCR's ... the Owner in turn is responsible for insuring their renters abide by the CCR's and which should have been included in the Owner's rental agreement. and/or causing problems in the community. Is anyone aware of this happening? Presently, one owner is accusing a tenant of causing problems. What problems that person is talking about, we do not know. If an owner is complaining ... why do you not yet know the reason??? Keep in mind any buck stops with the HOA board ... if you do not yet know ... you need to find out soon!!!

KerryL1 (California)
Posts: 14,550
Posted:
With Tim, alex: don't
even think about fining the Owners until you have confirmation from two reliable sources that the tenant actually is breaking the HOA's rules.

The troublemaker who, alone, is complaining, should bring you evidence--recordings of excess noises; pics of trash left out, or whatever.
SheliaH (Indiana)
Posts: 6,964
Posted:
I'm with the others - unless several residents are complaining, this owner can't expect the association to do the hard work for him/her - he/she will have to settle this with the tenant and owner/landlord. You don't even know what the problem is yet - if it doesn't involve the common area, stay out of it.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Alex

Many are saying this is a neighbor to neighbor issue, not an HOA issue. I agree. Let the complainer prove their allegations to the authorities. Keep the HOA out of it.
KerryL1 (California)
Posts: 14,550
Posted:
We have no idea if this is a neighbor to neighbor dispute, John. That's because Alex hasn't told us what the alleged violation is.

IF the tenant is violating the HOA's covenants or rules, at least in my HOA, the Board would invite the Owner to a hearing to cure the violation or levy fine. But we, as a board, would HAVE to see evidence before we contacted said Owner.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By KerryL1 on 09/20/2017 2:34 PM
We have no idea if this is a neighbor to neighbor dispute, John. That's because Alex hasn't told us what the alleged violation is.

IF the tenant is violating the HOA's covenants or rules, at least in my HOA, the Board would invite the Owner to a hearing to cure the violation or levy fine. But we, as a board, would HAVE to see evidence before we contacted said Owner.


Sorry ... I am with Kerry ... as I noted above we DO NOT KNOW reason for violation.

🎯 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

Terms of Use and Privacy Statement