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CoMtnBiker

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Posts: 3
Reply with quote  #1 
Hello-

I have been notified of proposed changes to our HOA rules, which include requiring landlords to send them the lease agreements, and adding in specific verbiage to the agreements concerning HOA rules. They are also proposing to be provided with tenants vehicle information, pet information, and anything else they deem reasonable.

Another clause is regarding negligence. The HOA would be responsible for repairs if due to negligence on the part of the HOA, but the HOA has sole discretion to determine if there was negligence.

Are these terms common and are they legal? I am concerned about the privacy rights of my tenants. They are also proposing that the HOA can request a tenant be evicted, and if it is not done within 30 days they will do it and charge the homeowner for fees.

Thanks for your advice!
AccidentalRental

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Posts: 105
Reply with quote  #2 
Are the rules adopted or just proposed at this point? I can't speak to the legality of the proposals but I will give you my thoughts.

  • Lease Clauses - I have language in my leases for condos which uses word for word some of the rules in the HOA by laws. This way my tenants are clear that they need to adhere to the condo rules. I wouldn't take issue with this.
  • Tenant Info and Approval -  They may be able to require you to send a copy of the lease, tenant info, etc. The HOA may also be able to approve or disapprove of any tenant.  This will be determined by the governing documents of the HOA and the local/state laws.
  • Tenant Eviction - I can't imagine a scenario where it is legal for an HOA to unilaterally begin an eviction process but I suppose it is possible if it is in the charter/by laws and legal in your jurisdiction.
  • Determining Negligence - I'm not sure an HOA can presume to have jurisdiction over a local court who would ultimately determine if a party was negligent or not. I suspect this would be unenforceable. 
These are great examples of why I hate condos as rentals!

I suggest you get a copy of the by laws and proposed changes and review them with an attorney. You should also consider joining the HOA board so you can have a voice on these matters going forward.

Good luck!

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