pool use

Started by MicheleW • 8 replies • 1405 views

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

⚡ Takes 30 seconds

Already a member? Log in

MicheleW (Ohio)
Posts: 1

Posted:

My Landlord owes money to our HOA, now we are not able to use the pool until it is paid. Our Landlord said that the situation will not be taken care of this year. When we rented this house our Landlord said we were able to use the pool, when it is open. Everyone else in the neighborhood who rents is able to use the pool because their landlord has paid their HOA dues. Am I able to put the rent in escrow, until this is taken care of? We chose this house because of the pool, and are paying more than we would of if we rented another house nearby.

JohnO6 (Georgia)
Posts: 424

Posted:

I'm certainly no legal expert here, but the liklihood is you're out of luck unless your lease includes pool use in the written document. Let's look at the relationships between the parties involved:

The HOA has a relationship with the owner. Seems as though when he defaults on his obligations to the HOA, they have the right to penalize him/her by restricting access to amenties like the pool.

You and your landlord have a relationship that is defined by the lease contract. No mention of the pool/amenities within the lease, likely you have no recourse.

You and the HOA don't really have a relationship unless there are sections of your lease that stipulate your behavior or following HOA rules or the like.

Undoubtedly not what you wanted to hear, but probably true

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Same answer for you:

Its likely the owner is being foreclosed on as well as him not paying the HOA dues. You "can" sue the owner for violating the lease, but if he is in foreclosure, you may be on a long list of creditors. It may be a waste of time. He is probably having money problems.

Call the association to see what else they are going to shut off. The pool might be the beginning.

You need to find another house. This one is going under.

BrianB (California)
Posts: 2,820

Posted:

you can also search your state laws, or contact an attorney for a (hopefully free) consultation, but I thought that in some places, there were laws that allowed a renter to pay HOA dues and deduct that amount from the rent owed to the negligent owner. Be sure this is legal in your state, however, before doing it.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

allowed a renter to pay HOA dues and deduct that amount from the rent owed to the negligent owner.

Check court records on the owner to see if your going to be foreclosed on. Paying the HOA wont matter if your going to be kicked out anyway.

CliffordB1 (Tennessee)
Posts: 1

Posted:

You may want to contact the HOA to learn what the overdue balance is. If the value of using the pool is greater than the balance due, consider paying the balance yourself. Contact the owner in beforehand, he/she may be willing to give you credit against the rent when his/her situation improves next year. Probably not but it never hurts to ask.

Good luck.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Michele,

You may want to personally appeal to the BOD to allow you and your family the use of the pool. Your landlord is resp. for payment of the assessments, not you, so you shouldn't be punished for his irresponsibility. Loss of pool privileges is meant as a form of punishment to the homeowner for being delinquent. It's certainly no punishment to the homeowner in preventing you from using the pool! These board members need to think before they act.

In the meantime perhaps you could negotiate a new contract with the landlord which would require you to pay the HOA fees for a reduced rental fee. If he's agreeable you would have to inform the HOA of this arrangement so they would know who is responsible for paying the HOA fees.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

pay the hoa .. deduct it from your rent .. let the owner sue you (he will lose) .... or .... move and cut your losses

JeanneK3 (Maryland)
Posts: 562

Posted:

My condo's documents specify that if an owner does not pay condo fees, the tenant can be asked to pay the rent directly to the association and the association gives the owner whatever is left over after deducting fees. Borrow a copy of the governing documents to see if there is any such language there or ask the board if this can be done.
Jeanne

🎯 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