Problem tenants and an unresponsive landlord

Hello,

I know this topic has come up often, but I couldn’t find anything that fits my situation. I serve on the board of a 12-unit condo, where more than a third of the units are rentals.
We've had problems with vandalism. Although we think we know who is responsible, we are unable to prove it, and no one is speaking up.

Our cleaning and repair costs (common areas) have gone up significantly since these tenants moved in, and one issue nearly caused damage to the building.
We have sent several notices to the owner and a copy to the tenants, but they have not responded. The unit does not seem to be kept up, as evidenced by the windows and patio.

The owner apparently doesn't care what happens in the unit because they bought it as an investment. You would think they would want to take care of their investment.
We have considered installing cameras, but we do not need an added expense at this time. Besides, if having the cameras proves who's responsible, we still have no recourse, since we can't impose fines on the tenants. We only have the option of fining the owner unless we revise our documents to give us more control over the tenants.

I would appreciate your feedback.

You will need proof if you suspect these tenants, so send an announcement to all the owners asking them to report if they see anything. In this instance, you can say reporters will remain anonymous unless and until legal action is taken (because they'll need to testify as to what they saw and heard). Some people may have Ring cameras on their door and might have picked up something, so owners could send time and date stamped photos as well - that may be all the proof you need if the camera catches them or anyone else in the act.

I know surveillance cameras are expensive, but if your costs have increased, homeowners also need to know that - tell them this will continue and ultimately affect assessments unless everyone works together to get a handle on it. If that includes getting surveillance cameras, have at it (they may even go along with that because they don't want the rest of their expenses to increase).

You don't have to say who you suspect, but owner-landlords should be reminded that THEY are ultimately responsible for the behavior of their tenants and can be held liable for damages. Since this announcement will go to everyone, the owner-landlord responsible for this crap can't say he or she is being singled out.

... In addition, if this association is subject to the Mass Condo Act, then the statute allows the HOA to impose fines. See Massachusetts General Laws Chapter 183A, Section 10(b)(5) . There are caveats to this, though, set by case law.

Based on what you posted, I think your board needs to consult a HOA attorney. Given the number of rentals, the education the HOA attorney will provide will be worth every penny.

I'll take a look at the Mass Condo Act.

Thanks.

pay attention to the case law too, not just 183A, as ElleN points out. 183A is a bit spare in places and MA has a lot of case law related to it.

You will need a schedule of fines, if you don't already have one. It can be pretty general, as long as it fits your association's trust documents.

Also pay attention to the rules around super liens. Unless it's changed recently, MA doesn't differentiate between types of money owed. A fine is just another fee, just like an association fee. So if the owner refuses to pay fines and you follow the super lien rules, you can cause some pain, especially if there's a mortgage and they get notified about the lien. See https://www.floodlaw.net/collecting-overdue-condominium-fees-in-massachusetts/

I greatly appreciate everyone's input. It will take time, but I believe I am making some progress.

Thank you for the update.

I expect that when you say Bylaws you mean the CC&Rs because to withstand a court challenge, rental restrictions would have to be in the CC&Rs.