Condo residents' rights regarding a nuisance renter

Started by MarianM • 6 replies • 2135 views

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MarianM (Colorado)
Posts: 3

Posted:

What can an HOA in Colorado request from a homeowner who rents out his unit?????

Our Condo complex has experienced a nuisance renter...frequent changes of roommates, frequent visitors at all hours of the night, occurances of theft & vandalism in garages & common area decorations since renter moved in...

Unfortunetly, the homeowner is off site & not confronted w/above issues. Requests of him to take action is ignored....fines have been levied to no avail.

The problem is the homeowner rents out the unit....w/o a background or rental history check & w/o submitting the rental lease for HOA review (which is not required per our Declaration).

How can the HOA protect ourselves from nuisance renters??? What amendments to our Declaration can we make to correct the problem????

BrianB (California)
Posts: 2,820

Posted:

the HOA can and should enforce any and all CC&R violations by the renter against the owner, the same as against any owner.

HaroldS (Arizona)
Posts: 906

Posted:

Unless your documents give you authority over rentals (which you indicate does not) you should deal with the owner. If you have proof these renters are stealing and vandalizing, you could call the police, as you would with anyone doing that. There are a lot of threads here about renting you might want to search.

GlenL (Ohio)
Posts: 5,491

Posted:

Besides enforcing against the homeowner which is an absolute must because they are ultimately responsible for their tenants actions the BOD with the help of an attorney draft a rider that all H/O's must include in their leases going forward. Some things I would seek to add if allowed under your state's Landlord/Tenant laws.

1. The right to initiate an eviction action against problem tenants with the legal costs being assessed against the H/O.

2. That the tenant must contact information for everyone living in the unit.

3. Something to the effect of if the homeowner becomes delinquent with their assessments then the Association can collect them and any past due amounts directly from the tenant and the owner must credit the money paid by the tenant as rent. In other words if your monthly assessment is $150.00 and the H/O is delinquent and the BOD collects the $150.00 from the tenant directly then when the tenant sends the owner his rent minus the $150.00 the owner must credit it as if the tenant paid him in full.

4. I would also include language that if you have amenities (pool, tennis court etc.) the owner either assigns the amenity to the tenant and cannot use it for the term of the rental or keeps it for his self and the tenant can't use it.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

I believe more and more HOAs are doing as Glen suggests. My assn did this last year. One other thing that is very important is to require the property owner to provide copies of the gov. docs. to all tenants. This way the tenants will know first-hand exactly what is expected of them.

SharonM3 (Virginia)
Posts: 23

Posted:

Also consider requiring a minimum one-year lease to avoid the shotr-timers.

LoisC (Washington)
Posts: 17

Posted:

My Association requires that homeowners and renters sign an acknowledgement form that they've read the R&R's and will abide by them. Which helps when people claim they didn't know about some rule that they have violated. Also you say that you've fined the owner and what, he pays them or not? Our schedules of fines escalates as the owner/renter continues to violate and can be quite hefty. Do call the police/sheriff whenever they're noisy in the middle of the night, and encourage other neighbors to as well. Remind your neighbors that you need to protect your investment and it's everybody's responsibility, not just the BOD to help in these situations.

Good luck,
Lois

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