If you just moved into a rental property that belongs to an HOA you might be a little confused about your new responsibilities as an HOA renter. This guide will give you an overview of what HOAs do, how rules are enforced in the community, and what your landlord’s duties are when you rent an HOA property.
What is an HOA?
An HOA, or Homeowners Association, is a legal entity developed to manage and maintain the common areas of a community. As many as 60 million Americans live in homes regulated by a homeowners’ association, as of 2012. Most often, HOAs are established for housing developments of communities that include condominiums, single family homes or townhouses.
Because multiple parties live in the same building or complex, all residents of condominiums and townhomes must be equally responsible for maintaining the common areas such as landscaping, elevators, swimming pools, clubhouses, parking garages, fitness rooms, sidewalks, security gates, roofing and building exteriors. Many of these types of common areas, such as pools and tennis courts, also exist in subdivisions of single family homes. Regardless of whether the HOA governs a building, such as a condo or townhome structure, or a neighborhood of individual houses, HOA fees help maintain the quality of life for the community’s residents and protect property values for all owners.
These associations charge property owners fees or dues to maintain the common areas and landscaping. The property owner may, in turn, pass through those expenses to the renter either indirectly through increased rent or directly.
What are CC&Rs?
In addition to maintaining common areas, HOAs also set out certain rules that all residents must follow called covenants, conditions and restrictions (CC&Rs). In a common building, rules may include what color front door you may have, whether you are allowed to line dry your laundry outside, whether you can have a satellite dish, the size and type of pets permitted, and so on. In many ways, these rules are similar to the types of rules established by a property manager of an apartment complex.
What are HOA Bylaws?
HOAs are also governed by Bylaws that dictate how the HOA will be run and talks about voting processes, meetings, board member positions and other operating guidelines. Most likely, a renter will not be affected by the HOA’s Bylaws.
What are Rules and Regulations for HOAs?
Your community’s Rules & Regulations are a catch–all for the things that aren’t covered in the Bylaws or CC&Rs. These are often the rules that might need revising over time due to changes in the community.
The Rules and Regulations are most likely to be the documents you deal with the most in your day-to-day life. Included in them should be a list of precedents regarding menial things: where your trash bins should go, how many pets are allowed on the property, how tall your fence can be, etc.
Rules Enforcement and Landlord Responsibilities
The HOA has the right to expect all residents, whether owner or renter, to play by the rules. But with renters, it’s up to the landlord to enforce the community’s rules, not the HOA. An HOA may require that all rental agreements reference the documents that govern the HOA, including the CC&R and Rules and Regulations.
Additionally, Realty Times explains that HOAs may require the following agreements and actions of homeowners who rent out their home:
- Landlords must provide a set of governing documents (CC&Rs) and rules to renters before move in.
- HOA rules & regulations must be a condition of all rental agreements.
- Landlords are held accountable for renter infractions.
- Renters must communicate requests to the HOA through the landlord.
- Board may demand termination of a tenant with multiple rule violations.
- Landlord must provide a copy of each rental agreement to ensure compliance with the HOA’s standards and for emergency contact purposes.
What If the Renter Breaks the Rules?
Landlords within an HOA are responsible for ensuring that their tenants play by the association’s rules. To prevent rule violations, be sure to provide written copies of all HOA policies and rules, and be sure your lease agreement is in writing and adheres to the HOA’s governing documents.
If a tenant violates a rule, the homeowners’ association cannot take action directly against him. Instead, they must notify the landlord of the violation and it becomes the landlord’s responsibility to remedy the sitution. If there is a fine for the rule violation, it will be assessed against the landlord, not the tenant, but the landlord can recoup the amount if the lease stipulates. If a renter continues to break HOA rules or be a nuisance to the community, the HOA may pursue appropriate legal action against the landlord.
If a tenant breaks a law or commits a crime, the homeowners’ association can report that directly to authorities.
Who Pays the HOA fees
Whoever the lease says pays the HOA fees has to pay it. Generally the landlord pays the HOA fees since if the tenant fails to pay, the HOA can foreclose on the house. This would be bad for the landlord, so they usually pay it to make sure it gets done.
Oftentimes, the homeowner will set a rent amount that factors in the price of the HOA dues. Other times, a lease agreement will stipulate that the renter is responsible for paying the HOA dues directly to the association.
If your lease states that the renter is in charge of paying the HOA fees, then the renter must do it. If a lease does not mention HOA fees, the landlord can not suddenly require a renter start paying them mid lease term, without updating the lease agreement to mutally agreed upon terms.
Remember, HOAs must follow the rules too
Although Homeowners associations hold a lot of power in establishing rules for a community, it is important to remember that renters have rights that must be respected. Besides the state Landlord-Tenant laws, Homeowners’ associations must also follow the Fair Housing Act, which means they cannot stipulate what type of person can or can’t rent. They cannot, for example, ban landlords from renting their homes to families or people of a certain race.
where can a HOA get a sample copy of rules and action that a HOA could go by
Try doing an internet search for “sample HOA rules [your state]” it’s important to find an example from your state b/c each state could have specific laws about rules your allowed to include or clauses you must include. Good luck!
Kaycee, our landlord provided outdated (11 yrs old) CCR’s. When we moved in, we were assessed a fine from the HOA for a move-in violation, yet the guidelines the landlord provided did not list any such info or requirement. It was not until we received a copy of the current CCR’s – by the HOA – that we saw this requirement. We are claiming it’s the landlord’s fault for providing outdated rules; the landlord is claiming its our fault for miscommunication with the HOA. Who’s at fault here? Thx!
Well it’s very simple, 99.9% of renters causes all the problems. Real estate people that are money hungry will try everything in human possible, to find a buyer to rent out. Abousoluly no sythomy, they don’t care if I find 5 people in a one bedroom to rent out unit. As long they are paying and can get away with it, they will. But I will have to do a adjustments turn it around from my first statement, it’s not the renters “”” oh I see now it’s the real estate people that cause all the problems , buying condos And renting out. Thanks
Just a footnote,I now live in a condo that doesn’t have Cr and r , and don’t need it, because location the lowest price is around 500,000 and up to 1.3 million. Lucky me. But I have been in place 18 years ago we’re they a lot of renters at that time I was paying 650 per month for rent, and I thought it was still high. I think I’m my opinion any person that’s paying Moore than 1,600 a month on rent in so California has to be something wrong with them. I remember 18 years ago a renters was paying 1,200 in so California and a man said to me that person is mentally ill . Maybe should be in a nut house
Can a 55+ HOA demand proof of age after two years of being a tenant? We are, but also the youngest in the community (San Diego county)
I don’t know specifically about the rental laws in your area. But I believe that an HOA in a 55+ community can ask for age verification, even after you have been a tenant for a while.
I rent to a couple who has a little dog. Down the hallway someone owns a couple puppy’s who have been urinating in the hallway. I am now getting notice that all animal owners on that floor have to pay a carpet cleaning fee. They do not know who is making a mess but are making us pay.
Please advise
Sounds like a tricky situation for management. Since there is no way to prove which animal is the culprit for making the mess, it kinda makes sense that all animal owners would be help responsible. You could suggest that they install cameras in the hallways to identify which animals are doing their business where they are not supposed.
Thanks, I did pay, but will also take it out on there deposit. Right ???
Thanks again 🙂
Thanks for sharing on HOA. Share some more tips on HOA Education
Even though in the rules & regulations every apartment is allowed to two parking spaces, my tenants have been renting for 3 years now, and have 4 cars with decals, which were renewed annually. This week, they decided to enforce this rule, and are revoking two of the decals they already had, even though they expire in November. Is this legal?
It think the complex would be able to enforce the 2 space parking rules and revoke the extra permits. But it would be nice of the complex/HOA to issue a refund for the unused months of the parking permit that were already paid for.
Yes it is legal and proper. It is possible the Management company was not told this unit already had 2 decals. There is usually no cost for decals, no refund.. Limited parking in complexes create issues where some take advantage of the rules.Sometimes new property managers come on board- so corrections are made when violations of rules are noted.That makes it fair for others who abide by the rules.
I am a renter in a HOA Community. I was given a Violation Fee for having grease on the driveway. I have no paperwork stating what the violations are or that this was even a violation. I have a copy of my Lease and a copy of Rules and Regulations. It doesn’t specifically state anything as far as any Violation or what they are. The question I keep asking “How am I suppose to know what I am Violating if I don’t have a list of what is considered a Violation?”. Is there a way to fight this or am I just wasting my time? If its not specifically detailed in writing I feel that I should not be responsible for paying the Fee.
I would ask the HOA board these exact questions, they should be able to back up violation fees with paperwork that explains what the violations are.
You were helpful with info from my last comment. Heres another problem I am dealing with. The rental property that I live in is managed by a Property Management Company. I have been expressing concern over possible mold in the house. After almost 2 1/2 years they finally send someone to access the mold. The person they sent over didnt speak english, wasn’t part of a company, clearly did not have the qualifications. All he did was point to the ceiling and said “Eh no mold” and left. Haven’t heard from my Property Manager since. My gut was telling me to get a 2nd opinion and I’m glad I did. It’s confirmed that there is mold in the house. What do I do next? Seek out legal advise? Break my lease? I want to ensure that I recieve my Security Deposit and Last Month’s Rent in full as well as a reimbursement of the Air Quality Test that I paid for.
Here’s an article about mold in rental homes that you might find helpful : https://www.rentecdirect.com/blog/mold-and-your-rental-home/.
Hey kaycee, i was reading your article and it is super helpful. I am really in need of some advice. We are in a difficult situation. We just moved in 4 months ago and when signing the lease were told we would get 2 parking permits which it says we can have 2 vehicles in our lease and 2parking spots for them and we just need to display the passes in the window. We have been doing this and yesterday had to pay $300 to stop my husbands car from getting towed by the management 3rd party HOA. They never told us we couldn’t stay in our designated tenant parking spot for more then a day before we have to move the car to a different spot. To stop people from leaving broken down cars in the spots for tenants. We weren’t made aware of that at all and no notice was given to us prior or put on our car. In the lease it talks about their being and HOA but we were never given the list of regulations from them the lease was super vague. Any suggestions? I don’t feel they went about this legally. We are hoping to use this to get refunded and possibly get out of our lease. I did read an article that said it could talk about the HOA but if it doesn’t say you need to follow them or that you could possibly incure fines from them then if it doesn’t use that verbage then you have some room for legal action possibly. Not sure if you might know more about this. Any help would be awesome cause management is ridiculous and won’t help us at all.we have always been good tenants and never have had issues any where else. Any help would be so awesome an we would be ever so grateful
Yikes, vague HOA information in the lease is super frustrating for a tenant that just wants to follow the rules but has a hard time finding out what the rules are. I have heard a lot of stories similar to yours. It sometimes happens where an HOA will be seemingly mia and then suddenly they will come through and fine a lot of people, for things like parking or outdoor decorations, out of nowhere. For what it’s worth, you are probably not the only ones who had to deal with the parking fines. It can be helpful to understand a little bit of how HOAs and rentals work. The owner of your property hires a property management company, the property management is probably not connected with the HOA, so they might not even know the rules of the HOA. They use a generic lease that mentions an HOA, so that in case the HOA ever does enforce any rules, the lease would “technically” cover them for being held responsible for any fines a renter incurs. Its pretty confusing and annoying on the renters end.
Here is what I suggest. See if you can find any information for how to contact the HOA, ask a neighbor or visit the community center. Get in touch with the HOA and explain that you have been a tenant for XX months and rent through XX property management company. Let them know that you were relying on your property management company to give you a copy of the rule but never received one. And that you are happy to be a rule abiding member of the community and would love a copy of the rules so future infractions do not occur. Ask them super nicely if there is any way you could get reimbursed for the towing expense, since you were not aware of the rules.
I honestly would not expect to get reimbursed for the towing expense, but it can’t hurt to ask. Good luck!
The correct way for HOA or Management Company to act is as follows.The landlord of the unit is ultimately held responsible for any damage-even incurred by a tenant. The landlord would then need to notify tenant to correct or he would hire someone to correct & get monies back from you. A warning is first issued with a time frame to correct violation, only then fines can be issued against owner.The HOA is supposed to contact Owner of Unit, not renter.
Thanks for the clarification Karen!
I rent a condo that is part of a HOA and it’s managed by a property management company. How do I find out what the HOA is for my complex? The property management company is really a bully and rude. I even complained to the manager at the property management company about something that needed to be fixed almost a month ago (water damage/ceiling stains from rain) and upon phone conversation she was raising her voice and didn’t let me get a word in edgewise. I told her ethically she is wrong and very unprofessional. I need to complain to the Board of Directors but don’t know how to go about doing so.
Did you ask the property manager how to contact the board of directors? Is there anything in your Rules & Regulations, CC&Rs, or Bylaws that reference any members of the HOA? Maybe ask a couple of your neighbors if they know? Perhaps your neighbor is one of the members of the board.
If a tenant causes damage to a common area of the building, who would be responsible for the repairs?
Is it the landlords responsibility to to pursue the tenant for the cost of repairs?
The landlord would need to have proof that the tenant caused damage, and if so, yes, he should pursue the tenant for the cost of the repairs. What does the lease say? Does the lease state that all tenants and tenant’s guests will be responsible to damage done to common property?
Our small (35 homes) Wisconsin HOA has some common areas, and two of the homes are leased to tenants. There is talk of restricting use of the common areas to owner-occupants only – barring the tenants from using them.
Seems like discrimination to me. Anyone have any input?
I am not sure renters would be considered a protected class, so I don’t think discrimination is the right word. But yes, it seems a little extreme and rude to disallow renters from using common areas. The renters’ lease agreement should have language stating that it will follow all the rules outlined by the HOA’s bylaws including use of common areas.
Can a homeowners association (Oregon) prohibit security cameras installed on and covering only my space? I just moved into a mobile home park and only desire to see who enters my space, not people driving down the street, etc. I’m not talking about motion sensor lights…just small cameras that I can access from my phone. I’ve already been approached by a resident who represents the Association. He told me (amongst other things) they don’t allow private security measures because ‘”We all watch out for one another “. Eh…I got the feeling he was accustomed to residents – most of whom are quite elderly – going along with his off the books rules.
If it’s in the HOA bylaws then yes, I do think it is in the rights of the HOA to disallow the installation of security cameras.
Hi Kaycee. A new issue with this same HOA representative. I am more than qualified to live in this 55+ community. This gentleman has now asked me for a copy of my state ID ‘to verify your age’ and for my social security number. I expressed to him that my landlord had verified all required information and if he had questions he should talk to him. My landlord has assured me he will not provide the HOA with any of my personal information. After reading through the HOA rules there is no mention of private security cameras nor asking for copies of ID. My landlord spoke with him and supposedly all was resolved. This resulted in me and my landlord receiving a notice of infraction for ‘non-conforming landscaping’. I have not planted anything new and had also just finished cleaning up what was there to look more tidy. Again, nothing in the HOA rules prohibiting any of my plantings, nor their appearance. How do you deal with a HOA representative who really just seems to have his own agenda?
I think asking for a copy of your ID to verify age for a 55+ community is reasonable, as long as the board member is asking for a copy of every residents age. Age is not a protected class under the Federal Fair Housing. I would wonder the purpose of retaining your social security number is though. It sounds like the new infraction notice is a little retaliatory, you should be able to ask for specifics about how the rules where violated, based on documented by-laws. If the HOA can’t provide them, you should be able to plead your case against the board to remove the fine. If providing a copy of your ID will make the relationship better between you and the board member, I would wonder if it might be worth it to do so.
I gave my Property Manager a 2 Month Notice that I will not be Renewing my Lease. First , Last and Security was given when Lease was signed in 2014. Last months rent is covering this month of June. I received an email today that I have to pay $70 difference of Last months rent to cover Rent Increase . It doesn’t state in my Lease or any Lease Extensions that I was required to pay any difference of Last months rent. If it’s not in actual writing in my Lease am I still responsible to pay? This is my first time dealing with this and I have been renting for 15 years. I’ve always paid First, Last and Security and never had to deal with what I’m dealing with now.
When you provide funds for the last month’s rent upon move in, the landlord typically holds the money in a secure account and then uses the funds to pay the rent amount for the final month of tenancy when the time comes. So if the rent increased during your tenancy, and you have previously agreed to this rent increase, the money you provided at move in for “last months rent” doesn’t actually cover the complete rent amount. It makes sense to me that you would be required to pay the difference in the rent increase, since what the landlord has been holding for you for the past two years in longer sufficient. Hope that helps.
Isn’t that type of information be included in the Lease Agreement? Like I said before I’ve never had to pay extra with any of my other Lanlords. So why now? If it’s not in writting and I didn’t sign it..I feel that I should not be held responsible.
Has your rent increased since you first started living at the property? Did you agree to this increase? If you did, that would change the amount of rent charged for your final month of tenancy, which your pre-payment at move-in wont completely cover.
If your landlord suddenly decided to increase the rent for the final month, without providing proper notice, that situation would be illegal.
Info sent to me via email:
“In most states, if you increase the rent but fail to require the tenant to increase the amount of their Pre-paid Last Month’s Rent, you can not collect the extra amount when the tenant moves out”
“If you fail to increase the initial deposit of Last Month’s Rent soon after increasing the rent and just continue collecting the extra amount for each month, you cannot make the tenant pay that extra amount during the last month of tenancy.”
Do you agree or disagree with this statement that was given to me?
I would definitely check your state and local laws to see what they have to say about last month’s rent and rent increases to verify if these statements apply to you. You can also present this information to your landlord and see what he says. Wishing you the luck in this tricky situation.
A slight correction: Whoever has the authority to may stipulate who may and may not rent — so long as that authority isn’t discriminating against the rental applicant based on the prospective tenant’s status as members of one or more protected classes.
I’ve owned my house since 2001 and have had renters most of the time as I purchased it for a rental. I currently have an indefinite lease which only terminates if we both agree or I sell the house (a relative). Now the HOA is trying to add a new rule about renting. There has never been a rule before. It does Grandfather owners who currently lease but once the tenant is gone future leases can only be for 1 year at a time. My current lease also allows subleasing. Since I’ve had this agreement and signed by all for about 7 years, can any new rules by the HOA void my current lease? They are putting 2 pages of rental rules and I’m sure some will not allow what I have in my current lease. It seems I am legally obligated to what is in my lease and that is what I want. Can new just added HOA rules override existing leases?
I would ask your attorney to review your current lease and see what advice he or she has for this particular situation. I would also assume that you need to uphold the current conditions of the lease you have with your tenants, but not sure how that works with a sublease situation.
Greetings, we are renters and our HOA charges double HOA dues- from the landlord and then from us. That’s per HOA’s rules. We have a number of email communication from the HOA demanding dues payments and threats to deactivate pool access even we don’t need those and we are not the homeowners. Are they allowed to do so? Any regulations restricting HOAs from double charging? Any thoughts of situation? Thanks
If it’s in the HOA rules and a condition of your lease, then it sounds like you need to abide by them. An HOA might charge the renter because of the additional overhead it takes to communicate with both the owner and now the tenant. Additionally, might take a little more energy to enforce rules with renters as they are less familiar with HOA rules and the community’s CCNRs. While it sounds frustrating knowing that the HOA is “making double” on both the owner and the renter, think about the reason behind these fees and how they can benefit the community, after-all that is one of the benefits of living in an HOA community.
I rented a house from an owner that uses a management company. Before we moved in we stipulated we wouldn’t rent unless we could have our boat on property. The owner said we could. He started getting fines for the boat and asked us to move it. He never paid the fines and kept getting charged for them but did not let us know until he was taken to court. Now we have received all the letters in one lump sum and have been told we owe for legal fees and fines that are over 2000.00. Isn’t he or the management company suppose to let us know about these fees and give us copies every time he received them so we could be responsible at that time and not after he goes to court and then tells us we owe over 2000.00? He wouldn’t have ended up going to court if there had been communication. It seems wrong.
I agree that it sounds a little unfair. Do you have any records of your communication with the landlord stating that the boat was allowed on the property? I would contact an attorney to see what your options are for this situation.
I have a person who works with the company who told the manager that she called the owner personally to ask if we could put boat on the property. He ok’d it. He stopped by the house 6 months ago and agreed he did ok it and didn’t know we couldn’t put boat on. We just fount out a couple days ago they are taking the fees out of our cleaning deposit.
I would definitely speak with a lawyer.
We allow some renters in our association. We have never had many problems till now. We do not have a management company because we feel at this time it may be a burden on some of our tenants with fixed incomes. We have a five person board that works very hard to maintain the property.
One unit in each building is an upstairs loft with a Deck and stairs, then a side door on the bottom with a stoop and 3ft sidewalk to the outer sidewalk. The ground on each side of the sidewalk is common ground. The renter has store his grill, garbage cans and other time under the stair. We have asked that these things be move into the garage. Now the renter said he has gone around and other have think on their patio and ask if we are fining them. The renter want to deal with the board, but we want him to deal with the landlord or management company. Now he is insisting on coming to a board meeting to try an convince us to change the rules, but still will not remove the items. He is also asking to see our book and who we have fined. Do we have to allow him at the meeting.
What do the HOA rules says? Are renters allowed to speak at board meetings? That might be your answer. You should be fining everyone equally, not just renters, if they are keeping items on visible public spaces.
I am a tenant in a condominium. I understand that my lease states I must adhere to all rules and regulations of the HOA. Recently the HOA has implemented a parking permit requirement for the property. I am not disputing this. My dispute is that I was never informed of this new policy yet, I have had my vehicle towed for violating it. Owners were notified of the new policy in June; and in July the policy was implemented. It was July 1st that I found out about, I immediately notified my property management (they didn’t know either), they notified the HOA and started the process to get a parking permit. By mid-July I still didn’t have my parking permit and my vehicle was towed for violation. Any thoughts on this?
Our HOA does not have any specific rules regarding renters, specifically: screening potential renters. Since the economic downturn 10 years ago, our low annual assessments attracted a lot of absentee landlords and investors, rather than the family-oriented owners that kept our neighborhood save and clean for decades.
We assume we need to amend our governing documents to include Renter Guidelines/Restrictions- to add a screening process, to keep out unsavory characters or multiple families/tenants residing in a single family homes, etc.
Do we need to amend our Declaration of Protective Covenants, since they “govern what you can, can’t, or must do with respect to your home.”?
…or the Bylaws which “govern how the HOA operates and contain the information needed to run the HOA as a business.”?
I would think it would fall under Bylaws and Rules and Regulations. Remember that must uphold Federal Fair Housing Laws when creating screening guidelines for the residents of your HOA to follow.
Thanks. I was hoping it wouldn’t be the Bylaws, since they are much harder to change.
Rules & Regulations would be very easy to change, but I am not sure they would stand up against a lawsuit…for that very reason…even if they meet Fair Housing…
We are owner living at the townhouse community building since 1995 in San Jose, California State. Recently Oct. 2018 our townhouse had 2 families renter moved in and every week end (Sunday) or holiday with a peoples some where came to this 2 units families, drinking, loud music, yelling until midnight and parked many cars on red line zone blocked way come in and out. We called towing company with contract and reported to HOA and called security and called 911 police couple times for this incident but no work well as we are not happy. Once time we had a man came tried to assault us because he knew we called police, lucky police arrived on time to caught this man. We need some help from any suggestion very happy
What if the renter is a relative and the renter does not follow rules
It might be time to move forward with evicting your relative if they are not following the rules of the tenancy.
My HOA common grounds are okay maintain. However, we use to have two good size pawns and they have been left dry and now is all ugly and abandoned. One of which is the biggest is fenced, some of the fence is bent and it seems like they only dump piles of dirt on it. Neighbors have claim that a homeless lives around in a corner. This have been that way for more then ten years! What can it be done? As a landlord, do I have a case? how to proceed?
I am an owner. For more then 10 years, two water pawns have been left unattended. one is dry emptily collecting dirt and what not. The largest one was fenced from start but in order to dry it they put all this lumps of dirt and of course that is how it looks like. There is no maintenance on it. Worse, the fence is partially falling and bent. Some claim there is a homeless living in the far corner. What can it be done and a homeowner and what are my steps if they simply say there is no budget? We pay 190.00 for HOA and we are 200 condos approximately.
Start attending HOA meetings and discover how the HOA reserve fund is being allocated and what other maintenance and projects are getting worked on.
Hi. I am a landlord in NY. Specifically, Westchester County. I have a tenant who lease expired. He advised he would be moving in 3 months. Hence, 6 months later he is still there. The lease specifically states, that if the tenant goes to a MTM rental the rent increases by $500.00. I’ve been pushing him to sign a renewal to no avail. He keeps bringing up issues and pushes off the renewal, all the while paying the 12 month rental price. In April, I hand delivered and certified mailed him a notice of declaration for MTM rental rate, which would be an additional $500 more a month. I provided an option for a 12 month renewal as another option, keeping the rent flat and asked him to sign and return the 12 month lease along with an additional $200 dollars to bring the security deposit in line with the monthly rent and also required him to satisfy an outstanding $500 fine that was assessed to the unit. Tenant modified the 12 month lease, crossed out the fine satisfying clause and also crossed out the the line item for the additonal monies to bring security up to current mo. rent on the annual lease. I refused to execute the lease. He is now telling me the annual lease in in effect and he is not on a MTM. Further, he refuses to pay the MTM lease rate. He is dragging this out so he doesn’t have to lock into a lease and pay additonal monies on a MTM. Since he electronically pays me with zelle, his rent is auto accepted by the bank. He feels I have accepted the rent and he is paid in full. I emailed and said he is late based on the fact that past due amounts, electric, fines and any added rent like late fees applies before rent. Does a tenant have the right to tell a landlord they are not going to pay a mtm rate increase if they are not going to sign an annual lease?
I think you need to move forward with getting this tenant out of the property b/c he is causing so many issues by avoiding signing a new lease with you. I would also revoke his privilege from paying rent via Zelle. It can be true if you accept any money as rent, even if it’s not the full amount, the tenant has a right to remain at the property. I would follow your state laws for a no-cause eviction. Good luck!
Hi Kaycee. Thanks for this article. Though this is in the CC&Rs, our HOA has fines for leaving personal items in common areas. These double with each violatoin e.g. ($100, $200, $400…). Of course as a landlord, one could pass the fine onto a tenant for such a violation, but what if they are a new tenant and they violate a rule that a past tenant also violated which results in a higher fine? It seems ridiculous that the doubling would not reset with each tenant or at least annually. Imagine some day, someone might be charged $6,400 for leaving shoes outside his door or a towel on the railing to dry because he was the 7th person to do this in the 30 years I own the condo. If you can help me find information on this, I would very much appreciate it. My disability makes it difficult to research online. Thanks so much!
correction of first line, the rule is in the CC&R but the fining is not defined by the CC&Rs. It was voted on by the board, which I think the CC&Rs allow for but I am not entirely sure. I read online that unless it’s in the CC&Rs it isn’t enforceable. In other words, just adding a clause in the CC&Rs which states that the board can make up new rules, doensn’t make it legal. I am not sure this is legally valid info in California, so if anyone can refer me to information on this, I’d appreciate it.
Hi Kaycee. If we’re moving from one unit to another within the same community is it necessary to get re-approved by the association and have them do and charge us for another background search?
Hi Oscar, This is dependant on the individual HOA and their policies. Some may wish for you to reapply simply because their policies may require assurance of continued eligibility in order to move to a different unit.
Well written! You’ve set out the “What is?” and answers which are direct and excellent. It can be a complicated subject, so many twists and turns in the world of HOA. Thanks!
Hi Lee, thanks for your feedback. Yes, it sure can be a complicated subject.
Thank you for the wonderful article! I’m wondering if you have any legal authority to cite to for this assertion:
“Landlords within an HOA are responsible for ensuring that their tenants play by the association’s rules…
If a tenant violates a rule, the homeowners’ association cannot take action directly against him. Instead, they must notify the landlord of the violation and it becomes the landlord’s responsibility to remedy the sitution.”
Looking for a CA case or some treatise I can use as authority.
Any help you can provide is much appreciated!
Only after signing our lease did our landlord disclose that we had to follow the HOA rules. This is also not listed in the lease. Since then, our neighbor who rents from the HOA president has continually harrassed us and we have gotten complaints, agenda items, and threats of fines from our landlord because he is being threatened to have fines because of rules we have supposedly broken. This hellish neighbor has even come into our garage, let notes on our car, her dog has attacked ours. Now we want to break out lease because of this harassment from the HOA via this neighbor who has the role of spying on us and immediately emailing the HOA president, her friend and landlord when we so much as sit in the common area to relax and enjoy the view. There are many tales of this tennant of the HOA president harassing others and it seems to be an ongoing saga. I wonder do we have grounds to break out lease due to this harassment or sue the landlord and HOA for harassing us. We just want out of this lease and to leave the toxic situation. I hope someone responds.
If the HOA office has a file on you. can you see the file? I rent a house been here 6 years. I have a file on me and my sister . Anyway can I see the file? Does anybody know that?
Hi Stephanie, Home Owner Association laws vary greatly from state to state. Most associations adopt written procedures for requesting documents. Those procedures would likely be in the HOA documentation you received when you moved-in. Check all of your HOA documents: the CC&R (Covenants, Conditions & Restrictions), bylaws, and Rules & Regulations, and most importantly, your HOA agreement. An easier route would be to give your HOA a call to ask the procedure to review. All the best!
If the HOA by-laws state that amenities are for use of property owners and their guests (with the owner present), are renters entitled to use the amenities as well? This is in Texas, for use of pool, boat ramp and fishing pier.
Hi Rose, there might be other governing documents besides by-laws to consider. Often an HOA will also have a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and may even have additional rules and regulations. I would suggest checking with the owner and HOA to verify. If all checks out, you would not be considered a guest but rather using the amenities instead of the owner. In that, anyone you invite would be your guest and you would need to be present.
Our HOA has 37 owned units as well as a single apartment. The apartment is owned by the HOA and the lease agreement is strictly between the HOA and the tenant; no other entity or owner involved. All 37 units that are owned have access to common areas, including a pool. Can the lease between the HOA and the apartment tenant restrict the tenant’s use of common areas? In particular, the pool? Just curious.
Hi Phil, That’s an interesting question. Unless there are other state and local regulations I am unaware of in your area, it would be my understanding that the apartment owned by the HOA would be under the same guidelines as any other home rented out by an owner. In which case, the apartment tenant would have the same rights granted to any other renter based on the HOA rules & regulations, lease documents, etc. You may want to review those documents and reach out to your local housing authority if you have concerns.
Hi, I am with a property management company in Georgia and we have quite a few units in condos. I have a military couple that moved in in April 2020 and they sign the HOA Rules. One of the rules is that you are not able to have inoperable cars. My tenant had a car in his designate parking spot that he was trying to get the money up for a tag and has been quarantined for the last 2 weeks. When the HOA contacted me originally about the car being there without a tag I carefully read over the HOA Rules that the tenant signed and there is nothing in there that clearly stated that all vehicles must have a tag. One of the HOA members had the car towed and we do not believe they had the right as the car was not inoperable. Please let me know if you can tell us where we stand. I believe these tenants are being harassed by the HOA
If the HOA rules and regulations don’t speak to parking, vehicle maintenance, and tags then it might be listed in the Covenants, Conditions & Restrictions (CC&Rs) or other HOA documentation. Typically the tenant will receive a notice or warning explaining a violation and the consequences of non-compliance.
Secondly, a tow company wouldn’t likely entertain a request from a random HOA community member but would do so by request from an authorized HOA employee with proper cause. You state you are an employee of the PM company so I recommend reviewing all documentation including the CC&R’s, your company policies, and then discuss with someone within your organization.
HI, I live in ca and have a question. I am a renter and our hoa has guidelines where we cant park in the guest parking or it will be towed? Why am i seeing tenants parking all the time without warning? i park there one time and got a warning. I spoke with Hoa management who they deal with and they said everyone is getting warning. I been taking pictures every night for the past week showing no one has gotten warning except me. then today i get a warning about my balcony and not having anything up . I have a American Flag up. So i showed them the state rule where i can have my flag up. I feel like i am being targeted because of my flag and on my car i have the American flag as well. Is there anything I can do?
I don’t know state/county specifics but in some places, HOAs are required to email or mail violations to homeowners so perhaps that is why you are not seeing their cars tagged. As a renter, they might not be under that same obligation.
In regards to the flag, you are correct that the Freedom to Display the American Flag Act of 2005 allows you to display the flag, however, they are allowed to restrict the manner in which you display the flag, the time, and the location in most cases.
With both of these issues, the question we need to ask is if the tenant-landlord and community relationship is operating appropriately. Although one may feel singled-out, the HOA is within their rights to continue to give warnings and take action if any occupant is not following the CC&Rs, Rules & Regulations, and lease agreement. If however, they are abiding by all the restrictions of the association and are being harassed or discriminated against, that would be a legal matter to consider.
My friends are 88 years old and have been leasing a lovely home from a high company for 7 years!
They just renewed their lease but now to decided to sell the home as the market is so good!
My friend has major health issues and under Drs care.‘they were given 60 days to vacate but can’t find suitable housing for their needs.
Any suggestions?
Thanks
I’m sorry to hear about your friends’ health and housing concerns. Can you connect them to a local senior resource center or perhaps their doctor can recommend some senior resources. In the meantime, the Department of Housing has this handy website with suggestions and resources that might prove useful: https://www.hud.gov/topics/information_for_senior_citizens
I can see from reading here that a HOA can be a problem to tenants. In my state I’ve been lucky to find an purchase a home in a great neighborhood with no HOA. About a dozen new fine homes more upscale than mine have been built since we moved here. If we think about moving to Florida, or many places, it would be impossible to duplicate what we have here.without joining a HOA. I won’t take the risk.
I’m thinking renting is the solution. A HOA does not have the financial hook into a tenants life, like they have with a owner. You have probably a 1 year lease and you can leave.
Hi! Thank you for the helpful info! I’m in CA and I wanted to know if there is a civil code that states the landlord must provide the HOA Rules & CC&Rs at the time of the lease to be signed?
Hi Vanessa, Many HOAs require an owner to provide those to tenants but was not able to find a specific code stating they must. I can’t offer legal advice but would contend it is in everyone’s best interest for the renter to know in advance their obligations and responsibilities outlined in the CC&Rs and rules. If a tenant didn’t receive them at signing, I would suggest asking the landlord or HOA to provide a copy as soon as possible. If you have other questions on this topic you may want to reach out to the California Real Estate Board, your local housing authority for help.
I have a situation as a tenant. The HOA determined that the landscaping was not at HOA standards. We had moved in 5 months ago and I took pics of the yard knowing there may be an issue, because the yard was unkempt prior to us moving in. Basically dead grass. 3 months into my lease the HOA sent a violation notice. Landlord sent me a copy and said it was our responsibility. After re-sending pics landlord said nothing. Then one day with no notice sod was installed. Contractor spoke to my wife and said sprinkler system is not working and landlord said to install the sod. No info was sent from the landlord to us. Landlord did not reply for 4 days regarding our notification that sod was not being watered. They then sent a message saying they were not fixing existing sprinkler system and we needed to manually water the grass. We live in Florida. This is our dry season. The sod needs to be watered every day. Is it reasonable for the landlord to make that demand on a tenant?
I am an owner in a 55+community, and there is a house rented out on the cul-d-sac and 2 houses from me. It is leased to a male individual of another race, probably in his early 70’s. He has been leasing the house approximately 6+ years, and has consistently broken our rules and Bi-laws, such as speeding (we have signs all over of only 15 miles per hour), and almost running over walkers. Additionally he has threatened myself and others with a lawsuit for something that he has obviously dreamed of. His threats are spat out in a very loud angry voice, pointing a finger and for example accusing ME of “spreading Lies” about him, for what , I have NO idea. I do not even speak to the man because I have heard his loud threatening voice even with my door shut, and I feel that he is very dangerous. His threats mainly say that he will take us to court. His behavior is erratic, racist and mean. Please advise as to WHO this should be reported to, the realty company that manages the house, or to the owners? I understand that our HOA office has a file on him, has preciously fined him, but he continues to speed, curse, threaten, etc. Please advise as to what and who should be responsible for this tenants abusive, threatening behaviors. Thanks. Please email your answer to me.