1 Unit (Tenant/Landlord) Draining all HOA Resources

RhondaB6 (California)
Posts: 1

Posted:

particular unit, which is occupied by a tenant. This tenant is utilizing a disproportionate amount of HOA resources, placing an undue financial burden on the remaining 7 units. The nature of these resource concerns includes a family of 6 people and 5 dogs, significantly impacting our water resources. The tenant has engaged in activities such as excessive car washes and powerwashing rugs using shared water. Furthermore, the unit has experienced undetected leaks on three occasions, leading to a substantial special assessment of $10,000 in the LADWP water bill.

Considering these issues, we are exploring the option of submetering. However, the estimated cost of $80,000 is prohibitive at the moment, as our current focus is on addressing roof-related concerns requiring an immediate investment of $35,000.

In light of these challenges, we are seeking guidance on potential actions regarding this tenant. Specifically, we are interested in understanding if it is possible to install a submeter exclusively for his unit or for the three rental units in our community. Additionally, given the tenant's criminal history and instances of threatening behavior, we are exploring the feasibility of initiating an eviction process, taking into account California's tenant-friendly laws. Could you provide insights or advice on the best course of action in this situation?

SheliaH (Indiana)
Posts: 6,964

Posted:

Is anyone talking to the landlord? He or she is ultimately responsible for the actions of the members of his/her household (in this case the tenant), so you should be holding him or her responsible for all this. And why haven't you gone to the association attorney - he or she can advise you on your best options. That said, this may take some time to get rid of these people, and it may get expensive. If legal action becomes necessary, be sure you ask for all costs incurred by the association to be paid by the landlord if you win your lawsuit.

Oh, you'll need to be able to prove this tenant is using up a huge amount of water and if you don't have separate meters, that may be a problem. Actually, you should probably get submeters for all the units, so you don't run into this sort of problem. Yep, that'll cost money too, so homeowners may be looking at another special assessment or two.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

rather than sub-metering (something the association has to control per my understanding), talk with the water utility and see if they can simply convert over to direct metering for the units.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By RhondaB6 on 01/15/2024 5:39 PM
particular unit, which is occupied by a tenant. This tenant is utilizing a disproportionate amount of HOA resources, placing an undue financial burden on the remaining 7 units. The nature of these resource concerns includes a family of 6 people and 5 dogs, significantly impacting our water resources. The tenant has engaged in activities such as excessive car washes and powerwashing rugs using shared water.

The board should immediately enact rules prohibiting car washing on the grounds. Boards typically have the authority to make any reasonable rule they desire for use of the common areas (and common utilities, like water in this instance).

To prohibit powerwashing rugs (inside a unit), I think the wisest course is for the membership to vote to amend the covenants.

I expect installing submeters on all units would also require an amendment to the covenants. But I should think getting the necessary vote is not a problem.

I do not think an amendment to the covenants requiring sub-metering on only some units would pass muster in court. Such an amendent is blatantly unfair and presumptuous, IMO.

I do think submetering all units is the way to go here. Bite the bullet; special assess; and do it.

Regarding "threatening behavior": If you folks are not making police reports, start now. Also where the HOA's covenants or rules are being violated, send violation notices.

Do you use the davis-stirling.com site? It is an excellent resource for what boards can and cannot do, and how to change things.

LetA (Nevada)
Posts: 2,679

Posted:

Does the LAWD have restrictions on excessive watering, water abuse, overuse, or washing cars?

Time for the board to add a rule and reg that prohibits such abuse and water waste.
I would check into direct metering with the water authority. Reach out to your local representatives
like your city councilman or county commissioner to see if there is any legislation that would curb such water waste.

TerriS6 (California)
Posts: 3,284

Posted:

You can't treat residents disparately, e.g., by metering only certain units.
As long as the residents are within the inhabitant limits set by the state, you can't limit the water they use. There might be local ordinances about washing cars and/or wasting water.
In our subdivision some of the homes face a public street. They never need to use our private roads but they have to pay the same assessment. Some residents use amenities more, some less. They still pay the same and have to be treated the same.

LetA (Nevada)
Posts: 2,679

Posted:

Here in Southern Nevada, the SNWA is very aggressive on water wasters. The fines
are multi-thousand dollars.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By RhondaB6 on 01/15/2024 5:39 PM
particular unit, which is occupied by a tenant. This tenant is utilizing a disproportionate amount of HOA resources, placing an undue financial burden on the remaining 7 units. The nature of these resource concerns includes a family of 6 people and 5 dogs, significantly impacting our water resources. The tenant has engaged in activities such as excessive car washes and powerwashing rugs using shared water. Furthermore, the unit has experienced undetected leaks on three occasions, leading to a substantial special assessment of $10,000 in the LADWP water bill.

Considering these issues, we are exploring the option of submetering. However, the estimated cost of $80,000 is prohibitive at the moment, as our current focus is on addressing roof-related concerns requiring an immediate investment of $35,000.

In light of these challenges, we are seeking guidance on potential actions regarding this tenant. Specifically, we are interested in understanding if it is possible to install a submeter exclusively for his unit or for the three rental units in our community. Additionally, given the tenant's criminal history and instances of threatening behavior, we are exploring the feasibility of initiating an eviction process, taking into account California's tenant-friendly laws. Could you provide insights or advice on the best course of action in this situation?

By tenant, I assume you mean someone renting a unit from a homeowner. First, pass a rule no car washing or washing anything outside the home. Second, pass a rule limiting the number of dogs.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Dean how is that going to help? They are tenants. Everything goes to the homeowner that the tenant violates. However, since those rules did not exist AND they can vote on those rules to be put into place... Me thinks that boat has sailed.

All your HOA can do at this point is raise dues to cover it's expenses. Which means the owner of that unit will have to pay more dues as well. It's not like you can say "You have 5 kids but only 4 can get a bath this week". Or better yet - Fill bathtub up once and everyone gets to use the same water for one bath.

Your HOA is kind of tied up with having to spread the expenses across the board. Honestly, if this much of an expense is eating up your HOA's budget, it may be time to do an increase. They won't be the only tenants to move in to have more or less needs than every other member. Think playing the expenses too close to the vest.

Otherwise you can vote to get separate water meters. Discuss this with the Water authority. There will be a large downpayment. We had to pay $20K to have the work done for 107 homes. So expect a special assessment to cover install costs. Plus will need to change your documents to reflect the separate meters. The montly fees may also lower in respect of this. Which will have to be documented as well.

It took us over 2 years for the process just FYI... 2 K for document changes and raising $350 in special assessments to pay for it.

Former HOA President

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By MelissaP1 on 01/17/2024 9:48 AM
Dean how is that going to help? They are tenants. Everything goes to the homeowner that the tenant violates. However, since those rules did not exist AND they can vote on those rules to be put into place... Me thinks that boat has sailed.

All your HOA can do at this point is raise dues to cover it's expenses. Which means the owner of that unit will have to pay more dues as well. It's not like you can say "You have 5 kids but only 4 can get a bath this week". Or better yet - Fill bathtub up once and everyone gets to use the same water for one bath.

Your HOA is kind of tied up with having to spread the expenses across the board. Honestly, if this much of an expense is eating up your HOA's budget, it may be time to do an increase. They won't be the only tenants to move in to have more or less needs than every other member. Think playing the expenses too close to the vest.

Otherwise you can vote to get separate water meters. Discuss this with the Water authority. There will be a large downpayment. We had to pay $20K to have the work done for 107 homes. So expect a special assessment to cover install costs. Plus will need to change your documents to reflect the separate meters. The montly fees may also lower in respect of this. Which will have to be documented as well.

It took us over 2 years for the process just FYI... 2 K for document changes and raising $350 in special assessments to pay for it.

I suppose it depends on state, but my HOA’s board can and does pass rules without vote of the homeowners . I lived in 2 HOAs where there was a shared water meter per units. The rule was no car washing. Although it wasn’t the HOA responsibility, the HOA would pay to repair leaking faucets and toilets.

If a rule is presented to the homeowners with the fact that people can and do increase the homeowners water bills by wasteful practices, they will it will probably pass.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DeanJ on 01/17/2024 9:40 AM

Posted By RhondaB6 on 01/15/2024 5:39 PM
particular unit, which is occupied by a tenant. This tenant is utilizing a disproportionate amount of HOA resources, placing an undue financial burden on the remaining 7 units. The nature of these resource concerns includes a family of 6 people and 5 dogs, significantly impacting our water resources. The tenant has engaged in activities such as excessive car washes and powerwashing rugs using shared water. Furthermore, the unit has experienced undetected leaks on three occasions, leading to a substantial special assessment of $10,000 in the LADWP water bill.

Considering these issues, we are exploring the option of submetering. However, the estimated cost of $80,000 is prohibitive at the moment, as our current focus is on addressing roof-related concerns requiring an immediate investment of $35,000.

In light of these challenges, we are seeking guidance on potential actions regarding this tenant. Specifically, we are interested in understanding if it is possible to install a submeter exclusively for his unit or for the three rental units in our community. Additionally, given the tenant's criminal history and instances of threatening behavior, we are exploring the feasibility of initiating an eviction process, taking into account California's tenant-friendly laws. Could you provide insights or advice on the best course of action in this situation?

By tenant, I assume you mean someone renting a unit from a homeowner. First, pass a rule no car washing or washing anything outside the home. Second, pass a rule limiting the number of dogs.

Why punish all for the actions of one? Sounds like a school teacher talking.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By JohnC46 on 01/17/2024 1:11 PM

Posted By DeanJ on 01/17/2024 9:40 AM

Posted By RhondaB6 on 01/15/2024 5:39 PM
particular unit, which is occupied by a tenant. This tenant is utilizing a disproportionate amount of HOA resources, placing an undue financial burden on the remaining 7 units. The nature of these resource concerns includes a family of 6 people and 5 dogs, significantly impacting our water resources. The tenant has engaged in activities such as excessive car washes and powerwashing rugs using shared water. Furthermore, the unit has experienced undetected leaks on three occasions, leading to a substantial special assessment of $10,000 in the LADWP water bill.

Considering these issues, we are exploring the option of submetering. However, the estimated cost of $80,000 is prohibitive at the moment, as our current focus is on addressing roof-related concerns requiring an immediate investment of $35,000.

In light of these challenges, we are seeking guidance on potential actions regarding this tenant. Specifically, we are interested in understanding if it is possible to install a submeter exclusively for his unit or for the three rental units in our community. Additionally, given the tenant's criminal history and instances of threatening behavior, we are exploring the feasibility of initiating an eviction process, taking into account California's tenant-friendly laws. Could you provide insights or advice on the best course of action in this situation?

By tenant, I assume you mean someone renting a unit from a homeowner. First, pass a rule no car washing or washing anything outside the home. Second, pass a rule limiting the number of dogs.

Why punish all for the actions of one? Sounds like a school teacher talking.

If an elevated water bill is the issue, the cost to wash a car is being subsidized by those who don’t wash their cars. 6 dogs? I don’t like dogs and 6 is nuts..

TerriS6 (California)
Posts: 3,284

Posted:

I love dogs but 3 is nuts unless you have acreage.