HOA

[James Mosley]

First off. I have a super sensitive tenant. HOA is trying to fine me for him harassing them about other tenants. Other tenants in the condo community are now filing complaints. Does the HOA have the right to fine me over complaints? Any help is greatly appreciated.

[Michael M.]

Your description of the exact problem is vague. I can't give you advice unless I know what happened.

As a former HOA president of eight years, I'll do my best to help you. In California we have the Davis Sterling Act that superceeds HOA CCR (bylaws). I'm not sure about your property location or state laws. HOA Board of Directors (BOD) tend to be clannish. When renters live in an HOA, BOD see renters as invaders. HOA BOD tend to look down on renters in the same way most "landlords" look down on tenants and treat them accordingly. Landlords getting a taste of their own medicine, lmao.

Here are a few solutions depending on your available time v money:

1: Request a hearing. Any infraction can be challenged by a hearing. The BOD must have at least a quorum (majority) just to meet and BOD are not always available. BOD will hate the hassle. Then meet with your tenant, at the BOD hearing and bring your attorney if you like. Find out out what the issue is, have it resolved. That's what the BOD wants. The fine is just a tool and hardly a way to raise money for operating expenses.

2. Call the HOA management company, they are obligated to answer your questions. FYI, Anything you say to the management company will travel to the BOD ears.

It sounds to me that the renter is not informed about the CCRs. They didn't sign for them like you did when you bought the property. You can't buy HOA property unless you agree to the CCR. Your tenants are obligated to follow the CCR just like you would. Include the CCR in your lease and have the tenant sign that if fines are incured due to the tenant behavior, the tenant will be in breach of the lease.

99% of the time the tenant is doing one of a few things: parking in a red zone, having loud parties, bringing to many guests to the pool, unsightly belongings visible, unsupervised pets, not leashed, defacate in the common area, unsupervised children (that make noise and break stuff), speeding in the deiveway, bringing food, glass, beer or marijuana (legal in CO but not CA) into the pool area, indecent or illegal activities in the common area.

I've seen it all. HOA rental property is not for everyone. Its restrictive and a burden to manage, but generally the BOD will look out for the common good. Investigate and be tactful. Good luck.