Renters and rules

Hello and I hope you are all keeping safe and well admist the current health issues out there.

We have a newer renter who moved in a few months ago. It has been nonstop of rule issues since they moved in.
There are a lot of infractions that have already been noted and notices sent to the owner. Our rules and CCR’s are not more crazy than any other HOA out there. However if seems like this unit and it’s ongoing and ever going in and out of tenents always have issues with common sense rules.

Pizza boxes outside the front door for days
Leather coaches not he balcony.
Mulitiple noise issues
Dumping of furntiture outside the building and one that concerned us...
the tenants were seen using a front entry door code that would buzz their guests in without calling - one that only our onsite vendors use.

The owner is defensive. We sent notices, the issues are still there for example the leather ghetto couch on the balcony. Parties at 2-4 am mid week and weekendly Collaboratively there are over 10 police calls to this unit since January. We have a hearing set for next week which the owner doesnt plan on attending. The tenants appear to be having under age people over and lots of guest bringing beer over. Now that in itself is not a rule issue but the minors are. Also, most people who are in their 20s wouldn’t be caught dead drinking at home... so we aer highly supicious of underage shenanigans.

My question and we will consult our attourney for this. We never have had issues where a notice and a hearing ( and a pending fine for each infraction per our rules and documents) didn’t stop the problem. The owner claims the HOA is harassing her tenants and she is consulting her own attorney. ( we have hears this one before several times)

If the issues are not addressed and resolved do we keep fining for each occurance month after month ? At this rate the HOA is seeking legal action to evict which is also in our CCRS. Please advise regarding the ongoing rule dismissal.

I think Kerry's way of doing it is a good approach. Many landlords will look at fines as a "cost of doing business". The idea is to fine until they get sick of paying the fines - doubling the fines for repeat violations is a good way to do that - at which point they will take some sort of action against their tenants.

Here is the issue. You all need to have a fining schedule to enforce the fines. Do you have one that defines that furniture left out is a violation? If so, how much is the fine?

The HOA typically can not evict a tenant. They have to hold the owner's feet to the ground. Keep in mind that often owner's do not write into their lease agreements the tenant is to follow the rules of the HOA. Which means that owner can NOT evict them for HOA violations. So their hands may be tied for this. It's why recommend that HOA's strongly suggest this practice.

Many of your issues involve police issues and not owner. The police can only enforce laws that they SEE being violated. Which they can't tell if there are under-age drinkers on the premises if they are INSIDE the building. Understand there are limits.

The owner should care about their property. Fines are just punitive charges to put in place to make the owner make the tenant's tow the line. If not, then they can evict.

So not sure what questions your asking your attorney or the type of attorney your using. Just be aware to ask the right questions and take the right legal actions. It may not be issuing fines until you have them defined.

We're rewriting our CC&Rs, Nicole. Can you give me the exact wording of your HOA's ability to evict renters? WE have about 25% renters, and they seems OK. But during the Great Recession, the % shot up to 43% as some owners needed renters to pay their mortgage & HOA fees, and had to move out. Desperate, they took tenants they usually would have rejected.

Potential renters should sign a document that they have read, understand, and will abide by the Covenants, Bylaws, and Rules and Regulations and that failure to abide by such, could result in eviction by the association.

But, JohnC, what the tenant signs isn't any good unless the governing documents, our HOA attorney says it needs to be our CC&Rs, state the Association has that right.

You are right.. however i fhtink with legal pressure from the HOA”s attourney and continual fining that is occuring its incentive to evict.