The tenant did sign a separate form that said that he would abide by the rules and regulations of the HOA. I know there are procedures in which to give the tenant a fixed amount of time to remedy the situation, otherwise his lease will be considered in violation, but i don't know the ins and outs and how it should be worded for this situation. Should I speak with an attorney on how to proceed? He is definitely aware of the neighbors concerns and I have clearly communicated with him about the issue.
The neighbor may choose from a variety of options when pursuing a claim against a landlord, condominium board, or the offending smoker, including: Voluntary compromises or settlements. A disability claim with the Department of Housing and Urban Development or its state equivalent. A small claims court case. If applicable, a case with a landlord-tenant court. A traditional lawsuit in state court. You really need to act now, this has gone on long enough for the neighbors to complain several times. The neighbors do not have to wait till your tenant remedy's the situation. You are the one legally responsible as you are the owner!