Landlord, tenant and HOA notice fees

[Mariana Sanchez]

I am the owner of a condo with tenants. Recently I have been receiving letters from the HOA in regards to my tenants not following some of their rules and regulations. One of these infractions is smoking in areas that are not allowed. This notice in particular is a second notice. I have spoken to my tenant and they state have not done it outside of the designated areas but that they have seen one particular neighbor do it. I have advised the tenant to email the HOA so as to have some kind of record that shows they're not disregarding their rules. I also have sent an email to the HOA. What I want to know is that if in case the HOA decides to take it further and set a hearing date at some point because of these infractions, I as a landlord, what kind of responsibility will I have? Will the HOA take me to court, being that the problem is with the tenant?

[Jeff Walden]

My understanding is that because you're the property owner, ultimately you're responsible. The HOA may take action against you and you may need to subsequently take action against the tenant. That being said, I would think the HOA would need to prove the occupant is smoking in non-designated areas.

Do you have anything in your lease that dictates the tenant needs to abide by the HOA rules? Probably worth including a copy of the HOA rules and having your tenant sign off on them as well.

[Mariana Sanchez]

Thanks Jeff, they did receive a copy of the rules and regulations with a copy of the contract. I did just look at the contract and it says the tenant is responsible for any fees the landlord may incur if legal action is taken when not following the rules of the contract. But I do not think that would include anything with the HOA. I just hope it doesn't get to that point.