💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PauG (Maryland)
Posts: 53
Posted:
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?

MaryA1 (Arizona)
Posts: 7,043
Posted:
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

EllenS1 (Florida)
Posts: 1,148
Posted:
Check to see if any City codes are being violated. If so, contact code enforcment.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
There should be a rental policy as Mary says, it should be clear and specific and and it should have teeth.

The management should have contacted the Owner with a notice of the first offense and any actions by the Board has to be toward the owner. The management contacting the renter is probably not the way to go at this time. All things normal, a simply notice slipped under the door should be cause to correct the problem. Not all things are normal and the ones answering these posts just don't know the situation. It truely is the Owners responsibility and the HOA management must tread lightly, notification maybe, enforcement on renters........never.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I should have added, damage to property, crimes of any kind, call the Law and then the owner and inform them what you have done and why.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To all,
I made the last two posts here and something was bothering me about what I wrote, so I came back and looked at this again. I see MY problem.

The rules, regulations and conduct of anyone living or visiting an association apply equally to renters, owners, and visitors. If they are violating the rules, they are responsible to correct their discrepancies and conform. If they don't, and we get a lot of renters and most will conform, then it is an enforcement problem for the Owner. Our problem is like many condos. We don't have on site presence of management and by default another owner may be faced with the problem of a violation. It is of the upmost importance that the management and BOD respond to a concerned owner. But, like most places, this amounts to a few taking responsibility and then the BOD or management considers them hibitual complainers. Of course they may well be habitual complainers but that has nothing to do with expecting a violation of the rules to be handled by the management.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here