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| Author |
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DavidM2
(California)
Posts:4
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| 08/01/2006 1:06 PM |
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We are a 20 unit HOA in Riverside County, California with a very serious problem concerning renters and their lack of any responsibility for their surrroundings. The homeowner has hired a property manager who seems to feel that everything is OK as long as he collects his comission. We want to know if there is any way that the Board can demand a copy of the lease and initiate eviction on behalf of the homeowner or manager.
P.S. The HOA has its own property manager who has tried in vain to deal with the unit manager about this.
David |
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RogerB
(Colorado)
Posts:3724
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| 08/01/2006 2:12 PM |
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| David, I have not had much experience with rentals but here are my thoughts. The HOA can setup specific Rules regarding units, including requiring certain items in an HOA approved lease agreement. A copy of the lease agreement can be required to be approved prior to allowing a rental if this is established in the controlling documents. If the renter violates restrictions the owner can be fined. But you can not initiate eviction. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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BrianB
(California)
Posts:1748
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| 08/01/2006 6:18 PM |
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in my experience, HOA's can only deal with the HO's... the Home Owners. So, your issue isn't with the renters, with whom you have no jurisdiction, but the homeowners.
So, until you change your CC&R's to allow you to somehow control rentals, etc., all you can do is deal with the owners, through the owners.
currently, we have renters who fail to maintain their lawn. not a darn thing i can do TO THEM. however, i have fined the crud out of the owner (their landlord), and someday, either the homeowner will get tired of paying huge fees for his renter's lack of motivation, or he will pass on the fees to them in rent increases, and they will move out.
an HOA jurisdiction ends with the owner. |
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MichaelA1
(North Carolina)
Posts:10
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| 08/05/2006 10:25 AM |
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I have to agree with the responses so far. Your authority ends at the homeowner. Personally, I wouldn't want my HOA to have to deal with rentals and leases it's added work that may end up costing all homeowners more money for the management company to handle.
Regardless of who is in the unit, all bylaws and rules must be followed. If the yard is not up to standards, fine the owner. Hire someone to come in and do the work if necessary and send the bill to the owner. If the owner doesn't pay, place a lien on the property (if your ccr allows it). |
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Best regards,
Michael |
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GlenL
(Ohio)
Posts:1458
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| 08/05/2006 5:58 PM |
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Our CC&R's require the homeowner to provide the Association a copy of the lease and regulates that the lease can not be for a period less than six months.
In 2004 the State of Ohio gave condominiums the power to initiate evictions H.B.135 with a simple change of the declarations that the Board could do without a homeowner vote. |
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RogerB
(Colorado)
Posts:3724
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| 08/05/2006 6:08 PM |
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| Glen, thanks for the info on Ohio House Bill 135. One item I question is the Board's authority to amend a Declaration without proper approval of owners as required in the HOA's Declaration. The Declaration does not have to be amended since the State Statute provides the authority no matter what the Declaration states. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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JosephW
(Michigan)
Posts:787
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| 08/06/2006 6:55 PM |
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You should be able to establish a rule, or amend your documents (check with an attorney to see which would be necessary) to require the owner to do or provide certain items prior to renting the home or unit. The requirements should include:
- that a statement be placed in the lease, notifying the renter that they are renting in a community association, and in addition to any requirements in the lease, must abide by the documents, rules and regulations of the association. Copy of the documents to be provided by the landlord/owner.
- if you can get away with it in your state, a statement in the lease that if the landlord/owwner becomes delinquent in payment of association assessments, that upon proper notice, the tenant may deduct them from his rent and pay them directly to the association. (I've seen this one work, but you really need to be careful about your particular state laws and you need a good attorney to advise and draft)
- you can usually require that any lease be for a minimum amount of time, one year for example, to try and avoid a constant stream of transients moving in and out.
- acknowledgement in the lease that the owner may be fined for the actions of the tenant(s). The owner/landlord will want to add their own provision that any fine assessed against the landloard as a result of actions by the tenant, can be collected from the tenant by the landlord.
- and as you wished, require a copy of the lease be provided to the association to make sure it complies with all requirements.
There are a few more that I've seen work, but they often depend on the state and documents. The point is that you can amend yuor documents (or possibly just adopt a rule) that can place requirements on the landlord, and possibly even establish a minimal relationship with the tenant. It's a tricky area, and you will want good legal advice before jumping into it.
Joe |
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Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
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