Is it legal in any state (I'm in NC) for HOA to communicate with Renters

Started by MindyS • 17 replies • 789 views

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

⚡ Takes 30 seconds

Already a member? Log in

MindyS (North Carolina)
Posts: 1

Posted:

Hi

My husband and I live in a rental property in an HOA community. A friend of ours is the owner of the home. I was under the impression that the HOA would always communicate via the Homeowner to convey any messages or information they may have affecting the home and/or the renters/tenants. However, today we received an official letter from the HOA addressed to my husband's name (not the owner) regarding the HOA fees due. Also, the letter calls him the homeowner. What am I missing here? I don't understand why they would even have our information as to my knowledge, the owner did not need to provide it to the HOA. And beyond that, how could they make a mistake that my husband is the homeowner if we are only renting?

Would an HOA send a tenant a letter like this.. And if so, how could they have possibly listed him as the home owner?

Does anyone have any explanation for this? It's very strange and something isn't adding up here.

Thanks for any help you can give me because I can't seem to get any answers from the owner, the HOA or my husband. And I'm beginning to believe there is something strange going on here!

Help!

GenoS (Florida)
Posts: 4,276

Posted:

They're dumb and incompetent. That's the simplest and best explanation. My own HOA has had chronic problems differentiating between owners and tenants for at least the past 5 years. Weak attempts at creating a "roster" of homeowners every 6 months or so invariably result in several renters ending up on the list of owners.The board even sent election materials to a couple of renters two years ago! Naturally, they didn't actually vote because a few homeowners pointed out the mistake. The real concern is that such a mistake could have been made at all.

Occam's Razor applies, I think. The simplest answer is usually the best.

KerryL1 (California)
Posts: 14,550

Posted:

With Geno, I agree it's just a mistake. In the off chance that the owner isn't receiving such US mail, I'd forward to them. Btw, Our HOA requires that owners provide a list of renters to the Property Manager.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It's not that complicated or incompetent. The owner may not have updated their information with the HOA. So the HOA is to use the HOA's address which is yours. A neighbor may not know your renters and mentioned your names. The HOA is made up of all your neighbors. So someone is bound to know your name and address is on the door. No real mystery. Just respond by saying not the owner and tell the owner to provide the HOA their information. It's your friends responsibility to have provided it.

The HOA can't go after dues if your a renter. However, it would make me question more about your friendship...

Former HOA President

PaulJ6
Posts: 990

Posted:

Quote:

Posted By MindyS on 07/22/2019 2:43 PM
Hi
Does anyone have any explanation for this? It's very strange and something isn't adding up here.

The explanation is that the HOA and its property manager are morons. All too common.

LetA (Nevada)
Posts: 2,679

Posted:

For the reasons that Melissa mentioned, add to that; an HOA sometimes will communicate CC'ed in writing when there is an infraction such as parking that needs immediate attention.

PatJ1 (North Carolina)
Posts: 568

Posted:

Quote:

Posted By PaulJ6 on 07/22/2019 4:47 PM

Posted By MindyS on 07/22/2019 2:43 PM
Hi
Does anyone have any explanation for this? It's very strange and something isn't adding up here.

The explanation is that the HOA and its property manager are morons. All too common.

We have found that in our case, owners just don't update their info. Tax records show their renters address as theirs, transfer of a deed isn't always notified either.

Some of our renters have been here so long, everyone thinks they're owners. With over 65% rentals, it's difficult to keep up.

SueW6 (Michigan)
Posts: 814

Posted:

Perhaps your lease agreement stated that you (renter) would make the HOA dues. Check your lease.

Of course, this might not be according to procedure for the HOA , but the billing dept may have taken the wrong direction from the owner.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My question is why this went to "Is it legal stage" so fast? You should be forwarding the letter to your landlord to follow up on. Let them know to update the HOA. Problem solved.

However, not sure how well your friends with your landlord. You may want to find out if there is a rental restriction in place. Maybe they aren't reporting to the HOA your renting to avoid being in violation of the rental restriction.

Either way, you need to forward HOA correspondence to the owner. Name may be on it but the address is still the owner's. They are the member.

Former HOA President

PaulJ6
Posts: 990

Posted:

Quote:

Posted By PatJ1 on 07/22/2019 5:38 PM

Posted By PaulJ6 on 07/22/2019 4:47 PM

Posted By MindyS on 07/22/2019 2:43 PM
Hi
Does anyone have any explanation for this? It's very strange and something isn't adding up here.

The explanation is that the HOA and its property manager are morons. All too common.

In this case, the owner would have bought the property and the HOA would have needed to be involved in the sale process, so the HOA would have known who the owner was.

There would have not been any bona fide reason for the HOA to further update its records to show the renter as the owner.

The HOA and its property manager are morons.

PaulJ6
Posts: 990

Posted:

To add, if a HOA needs to know who the renters in its community are, and who the owners are, all the HOA needs to do is check real estate records. Often (including in NC), they're available online.

KerryL1 (California)
Posts: 14,550

Posted:

Paul, why would the source you note have the names of renters?

TimM11
Posts: 354

Posted:

Yeah, in my state that would just give you the name(s) of the property owners and their official mailing address. But there wouldn't be information about anyone else.

BobB31 (Florida)
Posts: 178

Posted:

I interpreted him to mean that the owner names could be discovered in that way, and any renter names they have can be excluded/ignored.

PaulJ6
Posts: 990

Posted:

Quote:

Posted By BobB31 on 07/23/2019 7:41 AM
I interpreted him to mean that the owner names could be discovered in that way, and any renter names they have can be excluded/ignored.

Yes, exactly.

EllieD (Vermont)
Posts: 446

Posted:

MindyS,

You wrote that “I can’t seem to get any answers from the owner, the HOA or my husband”.

Not getting answers from the owner, seems strange to me. If I were the owner, and up-to-date on the HOA fees, I would probably reply something like – do not know what is going on, I am up to date on the HOA fees, etc., etc.

Is it possible that your Landlord friend is not up-to date, and owes back HOA fees?

PestY
Posts: 128

Posted:

Yes, it is legal.

but

It is improper from a corporate Covenant aspect as the tenant has NO obligation to the HOA.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Mindy,

It is legal for the HOA to communicate w/ tenants.

However, the business account associated w/ your home is linked to the property owner and not your family and the landlord is accountable for everything related to dues. The HOA has a mistaken file that you should contact the property management company via the information on the official letter and have the change made. It's a simple mistake that the HOA/management company will absolutely correct when notified.

🎯 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