Ques re HOA, CC&Rs and Tenants - Landlord Forum thread

Ques re HOA, CC&Rs and Tenants by Anonymous on July 2, 2012 @03:38

If the HOA CC&Rs states that renters may be evicted for repeated violations, but does not specify who does the eviction, is it implied that the HOA, and not the LL, will do the eviction process?

In another section of the CC&Rs, it states that the unit owner is responsible for the actions of their tenants and guests. Failure to comply results in a violation warning. If the situation is not remedied, the Board will take whatever steps necessary to correct the violation and assess those charges as a maintenance assessment against the offending homeowner.

I guess I'm confused because the homeowner is not the offender, and there also seems to be a contradiction between the two sections. Maybe it's just my misunderstanding the way it's written?

I'd appreciate your (kind) thoughts.

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Re: Ques re HOA, CC&Rs and Tenants by Katiekate (New York) on July 2, 2012 @07:18	[ Reply ]

I have been a member of the Board of Governors for a few different HOA and CC&Rs. The trouble with HOAs with rentals has always been getting control of residents who are not owners. Many absent owners don't really care if their tenants are ruining the quality of life for their neighbors..since they don't live there. So..the rules and regs for the HOA make it so that the HOA can fine the owner for the bad acts of the tenant. The HOA can force the owner to remove a tenant that is a repeat offender or raise those fines to such a high level that the pain in the pocket book exceeds the revenue from the rent. There isn't a contradiction...the point is to give to the HOA every tool to deal with the absent landlord and the tenant that is a repeat offender. When you rent out your place...you are required to include the rules and regs of the HOA in your lease. (If you look at the by-laws, rules and regs that you signed when you bought the place..that is what you agreed to). So..in short...all of this is designed to give the HOA as many possible paths and tools as might be needed to deal with a nasty tenant and a landlord who doesn't care case he doesn't live there.

Re: Ques re HOA, CC&Rs and Tenants by Eric (MN) on July 3, 2012 @09:28	[ Reply ]

I am a president of an HOA with 120 units. 95% rentals. The HOA can fine and foreclose on you, due to the actions of your tenants. Very easily. Some HOAs pass rules that say they can evict. Whether or not the eviction would prevail in Court is debatable, but the costs of the eviction will likely be presented to the Owner, regardless. Once again, foreclosure is possible if not paid.