KayO2 (Colorado)
Posts: 22
Posts: 22
Posted:
Since when a homeowner is eviting his tenant for non- payment of rent and HOA violations is a Board President allowed to interfere and give the tenant wrong information??
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Eviction Done By HO Board Member gets involved
Started by KayO2 • 8 replies • 1060 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
A neighbor, friend or acquaintance may give any advice that they desire (right or wrong) if the recipient is willing to listen.
It doesn't matter what position that individual may or may not hold within the Association.
It doesn't matter what position that individual may or may not hold within the Association.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By TimB4 on 10/30/2017 8:46 PM
A neighbor, friend or acquaintance may give any advice that they desire (right or wrong) if the recipient is willing to listen.
It doesn't matter what position that individual may or may not hold within the Association.
A neighbor, friend or acquaintance may give any advice that they desire (right or wrong) if the recipient is willing to listen.
It doesn't matter what position that individual may or may not hold within the Association.
Agree
AugustinD
Posts: 5,144
Posts: 5,144
Posted:
Quote:
Posted By KayO2 on 10/30/2017 8:30 PM
Since when a homeowner is eviting his tenant for non- payment of rent and HOA violations is a Board President allowed to interfere and give the tenant wrong information??
Since when a homeowner is eviting his tenant for non- payment of rent and HOA violations is a Board President allowed to interfere and give the tenant wrong information??
The Board President (or anyone who does this) may be committing "tortious interference with a contract" (namely, the lease agreement).
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
What was the wrong information given? Keep in mind a landlord can NOT evict their tenant for violating HOA rules if NOT in the lease agreement. Can only evict for what is IN the lease agreement. Non-payment of rent would fall under that agreement. There of course is something called "Tenant's rights" so eviction can take up to a year in some cases.
I am a former landlord myself. Took 5 months for me to evict my tenant for non-payment of rent. I did advise people to include and give the HOA rules to their tenants. The HOA is NOT in the business of managing your tenants.
I am a former landlord myself. Took 5 months for me to evict my tenant for non-payment of rent. I did advise people to include and give the HOA rules to their tenants. The HOA is NOT in the business of managing your tenants.
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Personally I would advise any BOD to not get involved in any landlord/tenant dispute.
KayO2 (Colorado)
Posts: 22
Posts: 22
Posted:
The BOD President was giving legal advice to my tenant not knowing what my lease said. We did get our eviction. A BOD member has no right getting involved in a tenant/ homeowner issue as what the BOD member was telling the tenant made the tenant feel the homeowner was wrong and it caused issues in court.
A BOD member has no right to confer with a tenant on anything. Its the homeowners responsibility!
A BOD member has no right to confer with a tenant on anything. Its the homeowners responsibility!
KayO2 (Colorado)
Posts: 22
Posts: 22
Posted:
The eviction was for non- payment of rent!
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Kay,
I agree with you. The HOA should stay out of landlord tenant issues.
However, there is nothing preventing anyone from offering advice.
It may have caused additional issues for you if the individual took action based on the advice they received, but it's no different then people on here offering advice without knowing what your governing documents say. Hopefully there are enough individuals on here who know to ask what the governing documents say and not to infer that what they have in there governing documents would be applicable to your Association.
The recipient of the advice is free to accept or reject the advice offered.
I agree with you. The HOA should stay out of landlord tenant issues.
However, there is nothing preventing anyone from offering advice.
It may have caused additional issues for you if the individual took action based on the advice they received, but it's no different then people on here offering advice without knowing what your governing documents say. Hopefully there are enough individuals on here who know to ask what the governing documents say and not to infer that what they have in there governing documents would be applicable to your Association.
The recipient of the advice is free to accept or reject the advice offered.
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