Renters

Started by TerryC2 • 3 replies • 1487 views

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TerryC2 (Texas)
Posts: 1

Posted:

Does the HOA have the right to say who an owner can rent to? If they run a criminal background check and find there is a record, and after they let the person move in and they cause trouble, can the HOA make the owner evict the renter? What recourse does the HOA have? Can the owner be held responsible and fined by the HOA for the renter?

GlenL (Ohio)
Posts: 5,491

Posted:

Terry, normally no the HOA doesn't have the right to vet renters but the homeowner is responsible for the tenants actions; so if the tenant violates one of the CC&R's and there is a fine for it, the fine would go to the homeowner.

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

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Glen,
I second that.
I also question why the issue was raised by the OP.

Would invite that the poster read and understand what Glen is saying. The HOA Boards are not involved in renting property. The obligation of the Board and each owner is to the association. The owner of the rental property is responsible to the Board. The renter is responsible to live under the same restriction and condition that govern the association. The owner of the unit is totally responsible for the actions of the tenant........it is not a mandate of the Board. Your renter gets fined, you, the owner are on the hook.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Terry,

Renting and renters is always a hot button subject here with many opposing renters and unit owners being on the other side and defensive. I have rental units but have also been a Board member and committee member on enforcement so I try to be sympathetic to both sides.

No, a HOA cannot say who an owner can rent to. Backgraound checks are illegal up to a point and you(the HOA) cannot use a criminal record to deny a tenant to an owner. It is up to the owner to be selective and cautious when leasing out their unit. Only registered sex offenders may be denied a lease IF the unit is within the guidelines for their living status, like near schools, children in the community and whatever is on that list.

If the tenant causes trouble and there is proof, not just allegations from some condo comando, then the responsibility for removing the tenant lies with the unit owner. Is the owner responsible for violations to rules and regs and other governing documents? ABSOLUTELY! It is their unit and as such, they do pay all financial concequences for violations.

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