Quote:
Posted By PauG on 12/28/2008 7:54 AM
We have a renter on our street that has been violating HOA rules since he moved in. For the last two weeks he has old junk furniture sitting out front of the house in front of his kitchen windows. It's an eyesore and neighbors are complaining. Of course the finger is pointed at the Board saying they aren't doing anything. But the property manager, in communication with the Board, told him to remove the junk. No compliance. She contacted the homeowner twice, the last day being the 22nd and he said he would take care of it. Still the junk is there. Ultimately it is the homeowners responsibility. But we are seeing more and more renters coming in, and they don't care about the HOA. Should we fine the homeowner and the renter? Can we legally request eviction of a renter that is violating the Covenants?
PauG,
When a violation notice is mailed there should be a time specified to cure -- several days, a week, whatever. If not cured by that date then a fine should be issued. Violation notices should be mailed to the property owner. It's up to him to make certain his tenants follow the rules & restrictions of the assn. He should provide them with a copy of the restrictions and rules. Most states have landlord tenant laws which must be followed. The board can request the property owner evict the renter (they can "request" anything they like!!); however, it may not be legal to carry out the request.
If you are seeing more renters moving into the neighborhood it would behoove the board to adopt a "rental policy" which would outline the procedure a property owner must follow when renting his property. Following are a few suggestions:
1) must provide the board with a copy of the lease
2) rentals must be for at least 6 mos or 1 year
3) must provide the tenant with a copy of the rules & regs of the assn