Houston HOA Issue?

Question

Has anyone had issue with an HOA? We have a tenant that clearly reacted poorly with the HOA. I don't have the full detail, but I gather from what was sent to us. We got a letter from the HOA with multiple "violations". Including

-Grass not fully mowed (rational and we agree)

-Bike outside the house (seems nitpicky)

-Dark color on the bricks (not even noticeable in the picture and ridiculous)

-An AC unit visible on the side of the house which has been there at least 6 years

All of these are at least within view the part the REALLY bothers me is the following. The HOA went into the back yard (without permission) and found the following:

-Blue tarp folded up in the back yard

-A row boat that is rather small (we didn't know it was there but it's very small and not a big deal for us)

-An item on the roof that looks like a small table that was blown up there (we agree with removing this)

We agree with some of these items, but I'm particularly concerned with the trespassing and identification of items that are not within the control of the HOA. Has anyone had an issue of this nature? I know that my tenant is responsible to some extent for this hostility, but am not sure how to handle this violation of privacy and reasonableness.

Brandt Smith · Answer

@Kevin Wood most HOAs are pretty reasonable. The board members are homeowners who care about their neighborhood and just want to maintain it at the proper level.

That being said, some are ridiculous. Some are power hungry. Some are crazy.

I'd go to a meeting or two to meet the board. Do you maintain your properties? If you took a home that was an eyesore when you bought it and turned it into one of the prettiest on the block, be sure to show that off. In other words, you aren't an evil slum lord, you are the savior that is making their home values go up.

Also, this should be your tenant's responsibility. In SF homes, you are responsible to maintain the "capital" items (ie...roof) while the tenant is responsible for everything else.

Chris T. · Answer

THE HOA could be your best ally or worst enemy. Have you dealt with this HOA in the past with other tenants?

I bought a property via auction, with a list of violations like yours. Including the shed in the backyard. I explained my full situation and fortunately they were very understanding. And got an extension and guidelines to resolve the issues.

Unfortunately you don't want to get into their bad side. It may even be a power trip with some of these guys. Call them and discuss the issues. And how they can "give you" guidelines to resolve. Let them understand you're on their side/vice versa, and hopefully they can be helpful in resolving some of these issues.

Then work with the tenant. Your tenants are going to change, but the HOA board, probably not.

Kevin Wood · Answer

Thomas S. Spoke some more to my employee who is point man on this. The issue is that the neighbor is the yard of the month old couple that complains about things. They seem to have gotten into it with the tenant. We are making the tenant responsible for any fines and fixing the issue that was pre-existing (the AC unit). We don't plan on selling as this property cash flows way too well.

Thomas S. · Answer

My guess is your tenant has crossed the HOA and you will be paying the price. This is one of the major issues a investor has when renting. Tenants rarely care because they do not have to deal with the HOA. Owners must deal and must remain on the good side of the HOA. The HOA does not control you they just make your life miserable.

Having a tenant that is causing you a problem with the HOA is unacceptable. Make sure he addresses all their issues regardless of how petty and consider getting rid of the tenant. Tell the HOA the tenant is the issue and you will replace them. This may help assuming the next tenant doesn't also tick them off.

Bottom line often HOAs and home owners do not like investors bringing in tenants and it may be better for you to sell.

Jeremy Pakalka · Answer

@Kevin Wood The best way to approach the situation in to look at it through their eyes. The HOA is there to protect the value of homes in the area. They will point out any issues they feel will hurt home values and bring down the value of the neighborhood. In my experience, the person in charge will act a certain way when the previous tenant or owner was not a nice person. They probably did something that deserved the response. I would sit down with the HOA and explain the situation that you bought the house to gain value and you will do anything to help yourself make money. Agree with anything they say that is reasonable. Make sure they understand you are the new owner and you will fix the issues. Always be polite and let them get their frustrations out. They are people too. If that doesn't work, all I can say is good luck!

Kevin Wood · Answer

@Brandt Smith @Chris T. Thanks for the information. I was leaning toward what you both said. I don't want to get in a fight with the HOA. Doesn't seem like it's worth the hassle getting into it with them.

Houston HOA Issue?

Most Popular Reply