First tenant, first day and already major issues

[Angela Kriv]

Hello Dear BP members. I need an advise. My first rental property, got a tenant, elderly couple. Property is 55+ condo. They moved in on November 1st. I have not seen them, but real estate was the one who showed and helped me with paperwork. HOA did an approval and also background check, references, etc. Right after they moved HOA started the project to redo all hallways (it is Florida so all outside) and sidewalks with the new cement. 7pm last night they allowed people to leave units and my tenant went with his wife who is in wheelchair outside. Today president of HOA calls me and tells me he ruined all freshly put cement, everywhere they see wheelchair marks. They are billing me for the damage $500. What do you think? Should I pass the fine to the tenant or just pay it? What is the sensible way of dealing with this?

Thank you all in advance.

[Michaela G.]

I believe that the contractor who released the property for usage is the one at fault. 

If they now say that it was only for walk traffic, then they/you should maybe also check with ADA, because that would mean that they are now punishing someone for being handicapped in a way. I don't think that would go over well, especially, if they only went out 3 hours after the sidewalk was released.