HOA: Property Maintenace

[Evan O'Brien]

With a property that is affiliated with an HOA, is it the responsibility of the property owner to pay for maintenance of the property to remain in compliance with the HOA's guidelines? Or can the owner of the property pass these costs onto the tenant based upon what is drafted in the lease agreement?

The reason I am asking is I have a family member who's been renting a house in Winter Park Florida that is affiliated with an HOA the past 6 months. He's explained to me that since he's been living there his landlord told him that he's responsible for trimming dead tree branches, trimming hedges/bushes and mowing the lawn to remain in compliance with the HOA. I'm not sure if these were terms that he agreed to in the lease agreement but something doesn't sound right. Any information would be greatly appreciated!!

[Bill B.]

It’s 100% what the lease says. If he’s renting from a property manager it PROBABLY says tenant is responsible for yard maintenance. I know all my Vegas properties say that through my PM. If they ignore a warning then we send someone out and bill the tenant for the service (usually $100-$200). The PM I used in MN 6 years ago used to list the rent as discounted $200/mo in exchange for the tenant taking care of the yard work. So if they didn’t they were responsible for an extra $200/mo. 

If your family member is renting from a self-help mom and pop landlord then you really need to look at the lease. They very easily could have forgotten or not known to put anything about yard work in the lease. In that case you family member won’t have to do the yard work but should expect to be moving at lease end if they pushback too hard.