HOA sent problem tenant unauthorized occupant violation?

To follow up from previous posts, my crappy upstairs neighbor already has 3 noise violations, second one resulted in fine. I already spoke with her landlord who's last words were "this'll be resolved" (take with grain of salt). Last I spoke with HOA property mgmt on site, they needed proof of this random guy visiting her 14 times in order to send unauthorized occupant violation. To day, I have proof he's visited 25 times. The Mgr replied to my email saying thank you, I decided to follow up with a call because I feel like I provided enough and not sure if he'd need more footage. He told me to continue sending it to him. He apparently can't go into detail but the most he can say is "this has been addressed". And he said to continue sending in footage in case it needs to continue to be disputed. Does it sound like he sent the warning? I believe if he did send it, the guy she's been dating for 2 months needs to be added to the lease within certain timeframe. And if he's not added within certain timeframe/footage shows him continuing to come this'll be escalated to hearing committee with potential fine.

Wow providing them proof of your harrassment... Good move owner! Again HOA has NOTHING to do with a lease agreement. That is between owner and tenant. So the HOA can't enforce any such rule since they do not own that property nor are on the lease...

In Minnesota, if a Unit is leased and the tenants behave outside of the Rules and Regulations of the Association, we are legally allowed to fine the owner of the unit.

Again the manager may only fine the owner. That does NOT mean the owner has to do anything or can against their tenant. They do NOT equal the same thing. The HOA manager can just hold the owner's feet to the ground for violations of the HOA. If this is not a violation of the HOA rules, then they can do nothing. The owner can do nothing against their tenant as well. Why? Tenant's rights. If it is not written in their lease to obey HOA rules to be evicted, then that can not happen. It is not a violation of the lease agreement. Can only get evicted for lease violations/non-payment of rent.

A renter can stay up to a year without paying a dime of rent legally in many states. It's not a cut and dry on eviction many ASSUME. An owner getting fined by the HOA does not equal a lease violation. The tenant also does not pay HOA dues. They are NOT members of the HOA.

So them asking you for more tape is either they want to do something or they find the comedy in it... At this point I want to see the tapes for my own amusement level.

Again, this is not true. Danielle stated (in this and other threads) that the tenant, not the owner, was fined by the owners association. In Florida this is allowed by state law. Also in Florida (and some other states), the governing documents are expressly incorporated into any lease, so a violation of COA rules is a violation of the lease and the tenant can be evicted.

Here's the language from our declaration (Florida). I believe this is pretty standard - our documents were updated last year. We do have the authority to evict a tenant if needed. I know not all states give this power to the HOA.

10.1 Tenant Conduct; Remedies. All leases will provide, or be deemed to provide, that the Tenants have read and agreed to be bound by the Governing Documents, and that any violation of the Governing Documents shall constitute a material breach of the lease and subject the Tenant to termination of the lease and/or eviction as well as any other remedy afforded by the Governing Documents or Florida law. If a Tenant, Resident, other Occupant, Guest or Invitee fails to abide by the Governing Documents, the Owner(s) shall be responsible for the conduct of the Tenants, Residents, Occupants, Guests or Invitees and shall be subject to all remedies set forth in the Governing Documents and Florida law, without waiver of any remedy available to the Master Association as to the Tenant. The Owner shall have the duty to bring his Tenant’s conduct (and that of the other Residents, Occupants, Guests or Invitees) into compliance with the Governing Documents by whatever action is necessary, including without limitation the institution of eviction proceedings without notice to cure, where legally permissible. If the Owner fails to bring the conduct of the Tenant into compliance with the Governing Documents in a manner deemed acceptable by the Master Association, or in other circumstances as may be determined by the Board, the Master Association shall have the authority to act as agent of the Owner to undertake whatever action is necessary to abate the Tenants’ noncompliance with the Governing Documents (or the noncompliance of other Residents, Occupants, Guests or Invitees), including without limitation the right to terminate a lease and/or institute an action for eviction against the Tenant in the name of the Master Association in its own right, or as agent of the Owner. The Master Association shall have the right to recover any costs or fees, including attorneys’ fees, incurred in connection with such actions, from the Owner which shall be secured by a continuing lien in the same manner as Assessments for Common Expenses, to wit, secured by a Lien for Charges. Any uniform lease or lease addendum will provide, and all leases will be deemed to provide, that the Master Association shall have the authority to direct that all rental income related to the Parcel be paid to the Master Association until all past due and current obligations of the Master Association have been paid in full, including, but not limited to, all past due Assessments, Charges, other monetary obligations, late fees, interest, attorneys’ fees and cost and expenses of collection.

Thank you Lori for posting that. It is not common with other states. Florida has different laws than other states. This happens to be one of the laws I agree with.

It still means that the HOA has to fine the owner first and foremost to get them their tenant in compliance. The owner should have had the contigency in their lease that the tenant was to obey HOA rules. If that is not in the lease agreement that is a violation on the owner. Now if the owner did have that clause in their lease it is not a violation. (Note that). If they do not, then the HOA may be able to step in to end the lease and charge the owner for legal fees/expenses. It can also turn into a lien for this money owed.

How likely do you think the HOA is going to spend HOA money on this complaint? It is only one person complaining. They most likely will just keep it a tenant/owner thing. Why spend thousands of dollars on legal costs if collecting fines makes them money?

The owner is responsible for the tenant. If the tenant violates the rules, then the owner is subject to being fined.
The owner is fined every day; the violation continues if the owner refuses to act on the offense and the fine goes unpaid. Then, our property attorney takes over, and the owner also assumes the legal fee.