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AnneB6 (Massachusetts)
Posts: 10
Posted:
We recently encountered two unusual situations, one in which an owner asked the tenant to remove broken window blinds from the window. The owner pointed out that, since they also had curtains, they didn't necessarily need both and the broken blinds looked unsightly from the street.
The tenant refused to follow the owner's request. In a separate case, another owner expressed concern regarding a tenant who was smoking inside the unit.

The condominium documents do not currently include any provisions addressing these issues, other than a clause regarding cluttered windowsills. Currently, the board's options are limited, but we are considering revising the condominium documents to include guidelines regarding window treatments and smoking within the units.

I am not sure whether the owners have any recourse, since these matters were not addressed in the rental agreements. 
The window treatment will not be a concern in a few months, as the tenant is moving out, but it is something we should keep in mind for the future if it occurs again. Any comments?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Hi Anne,

The HOA's issue with the tenant is non-existent. The issue is between the HOA and owner. If your community has standards that a reasonable "stranger" could see if they toured the property, then the owner knows this....and should be consulted when their tenant makes decisions contrary to community norms.

As for smoking, I'm not sure how you regulate that. This complaint seems to be more of an act, by a neighbor, to protest the tenant.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Smoking can be considered a nuisance (depending on the circumstances).
Broken blinds can be failure to maintain property in good order and repair.

Nuisances and maintaining property are likely in your CC&Rs along with owners being responsible for the action of their guests or tenants.

The HOA action is against the owner.
The Owner may take whatever action they desire (within the law) against the tenant.

An internet search for second hand smoke nuisance condo lawsuits will give you legal basis.

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