Get 1 year of free community web site hosting from Community123.com!
Sunday, January 17, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Violation letters
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
TinaN1
(Texas)

Posts:1


01/06/2021 11:50 AM  
We are renters who moved in the first of Dec 2020. The end of Dec we were notified by the landlords property management company of a "Final Notice HOA Violation". It's assumed the previous tenants received the first few notices but ignored the requests to maintain the property as indicated. Our lease agreement states we as tenants arw responsible for violations, not the landlord. However, we are barely a month in were not aware nor informed of any violations until now, which happens to be the "final" violation notice that was emailed to us. With this being said, does anyone have any advice on how to handle this? Its proven difficult in getting ahold of anyone on the phone in HOA to give us any info or possibly grant an extension on fixing the violation. Had we been occupying the property for months and received the first notice, I guarantee we would have fixed the problem, never letting a sec notice arrive. Is this something we as new tenants have to fix in a certain amount of time? Does anyone know if landlords make attempts at contacting previous tenants on negligence?
Thank you.
TamaraG6
(Florida)

Posts:3


01/06/2021 12:41 PM  
Posted By TinaN1 on 01/06/2021 11:50 AM
We are renters who moved in the first of Dec 2020. The end of Dec we were notified by the landlords property management company of a "Final Notice HOA Violation". It's assumed the previous tenants received the first few notices but ignored the requests to maintain the property as indicated. Our lease agreement states we as tenants arw responsible for violations, not the landlord. However, we are barely a month in were not aware nor informed of any violations until now, which happens to be the "final" violation notice that was emailed to us. With this being said, does anyone have any advice on how to handle this? Its proven difficult in getting ahold of anyone on the phone in HOA to give us any info or possibly grant an extension on fixing the violation. Had we been occupying the property for months and received the first notice, I guarantee we would have fixed the problem, never letting a sec notice arrive. Is this something we as new tenants have to fix in a certain amount of time? Does anyone know if landlords make attempts at contacting previous tenants on negligence?
Thank you.




First of all, per Association documents, the owner is responsible for non-compliance or violations relating to the address within the Association. If you received a copy of the "Final Notice HOA Violation" it would say, "current resident" which the address would receive as well as the owner. A final notice is usually sent after a 30 day, 14 day and sometimes 7 day notice. The HOA does not have to discuss anything with you as you are a renter and not a member of the Association. Take it up with your landlord as he would have received all the previous notices. Contact your landlord or an HOA attorney and have them send a letter to your landlord.
JohnC46
(South Carolina)

Posts:10372


01/06/2021 12:44 PM  
Tina

So far they have not fined you. It seems you want to correct the violation. If so send the BOD an Email about being new renters and you want to work with them to correct the violation. Maybe ask for an extension of time if needed.
SheliaH
(Indiana)

Posts:3670


01/07/2021 6:00 AM  
As Tamara said, the landlord-owner is ultimately responsible for the behavior of his/her tenants, although some associations have passed rules where the HOA can go after the tenant directly.

Since this is a final notice, you're probably correct the letter was directed towards the former tenants.
It's also possible whatever happened has been fixed already and the letters crossed in the mail as they were moving out. Notify the landlord and insist that he or she fix this immediately - he/she should be able to document when you moved in and therefore, aren't responsible for whatever the former tenants did.
Whatever the landlord does to resolve that issue is his/her issue - and that's probably why those tenants are no longer there.

I live in a townhouse community and personally, I've never been fond of owner/landlords because too many don't educate their tenants on community rules and then drag their feet when violations do happen. Make sure yours has given you a copy of your community rules so you'll know what's expected.
MarshallT
(New York)

Posts:126


01/07/2021 6:29 AM  
Hi Tina,

You shouldn't be worried about this because you just moved it. The letter would not be directed towards you since you've not even received a warning letter. Connect with your landlord and tell them what has happened. They might have better luck connecting with someone on the board.

I'd also send a response to the email address that was used to send the final notice - provided you are able to do so. Don't give up trying to reach someone so that you can resolve this issue sooner than later. I don't think the previous tenants will be held accountable (unfortunately), but talk with your landlord and see what they can do to help you.
MarkM19
(Texas)

Posts:716


01/07/2021 8:05 AM  
Tina,
Well you came to this site for good advice and you got it. Everything they have given you is perfectly correct. Violations are usually time stamped and easy to prove happened before your lease started. You did not mention what the violation was for but I am assuming something like, Trash cans, Parking on streets are yard maintenance. It also seems like 1 of these violations may have happened on your watch and may be your first warning.

Please request and follow the rules and enjoy your new place.
GeorgeS21
(Florida)

Posts:3608


01/07/2021 10:22 AM  
Good advice, all, however, I am still concerned we are not more focused on the lack of standing of a renter - eg, are they responsible to the HOA - or, to the owner, who is responsible to the HOA?
MarkM19
(Texas)

Posts:716


01/07/2021 11:05 AM  
George,
It is my opinion that it does not matter what the owner puts in a Lease agreement. I think it is a clever idea on his/her part to try and make the renter know they have skin in the game. I however think this has nothing to do with the Owners duties to the HOA. They are responsible in the end.
JohnC46
(South Carolina)

Posts:10372


01/07/2021 12:53 PM  
Posted By MarkM19 on 01/07/2021 11:05 AM
George,
It is my opinion that it does not matter what the owner puts in a Lease agreement. I think it is a clever idea on his/her part to try and make the renter know they have skin in the game. I however think this has nothing to do with the Owners duties to the HOA. They are responsible in the end.



This is my leaning. The only one that has a signed "contract" with the association is the unit owner.
MelissaP1
(Alabama)

Posts:9865


01/07/2021 2:14 PM  
This is kind of a questionable lease agreement and most likely not valid. The landlord can make you responsible for YOUR violations. They can NOT make you responsible for their violations. Such as they painted the house the wrong color. You the renter didn't paint the home and it's their home. The HOA can hold the owner responsible.

I personally would consider moving once that lease is up. It smells like your landlord is a bit scrupulous and shady. If not, then the property management is you rent from. The owner may not be aware of the contract/lease you signed. Either way, this is a lease agreement I'd not want to re-sign.

Former HOA President
Please login to post a reply (click Member Login on the menu).



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement