HOA Notices - How do you handle?

[Tony Castronovo]

I self manage my properties and wondering what my fellow landlords do regarding HOA violations. It seems as though I get a constant flow of notices and have been passing them along to the respective tenants. I can continue to do so, but it's gotten to be somewhat of a hassle. I had a neighbor tenant tell me that his landlord charges him $10 for every notice/violation. I checked my state property code and there didn't seem to be anything on this. I will tell you that that guy has an immaculate lawn and constantly see him outside taking care of the place. I'm not looking to make any money off of this...just looking for a way to minimize the notices (is that just wishful thinking?)

[Linda Weygant]

Oof.  I feel your pain.

My lease contains a clause that states that the tenant is required to abide by the rules and regulations of the HOA. They are also provided with those rules and regulations as an addendum to the lease. I state that in the event a fine is levied against the property that is their fault, the fine will be assessed to them. Future payments will be first applied to the fine so that any balances left outstanding will be designated as unpaid rent. (In Colorado, I can't evict for an unpaid fee or fine, I can only evict for unpaid rent)

That doesn't really help you with your current tenant, so here's what I'd consider doing if it were me.

1.  Take a look at all the notices.  Are they all for the same thing or type of thing?  (ie, toys left out in the lawn?  Watering violations?  Noise?  Weeds?  Inoperable Vehicles?)  

2. If they are all for the same type of thing, then ask your tenant for a meeting or a phone call when you can discuss it. Go over the issue with them and let them know that the number of notices is concerning. Let them know what they need to do to stay in compliance with the HOA.

3. If they are all for different things, then schedule some time with your tenant to go over the HOA rules and regulations. It's clear they don't know the rules if the violations are all over the board.

4.  Get them to agree to future compliance verbally.  Let them know that any fines assessed to the property will be their responsibility (make sure this is legal in your state).

Ride out the end of this lease and when it's time to do a new lease, make sure it is clearly spelled out in your next lease about what happens if there are notices and/or fines.  If you're renewing with the same tenants, make sure they note that this is now part of the lease.

Good luck!