Landlord Question and Answer Forum

I have tenants in a property with an HOA that called me last month asking for me to call the neighbor, which I did. She claimed the neighbors were awful and wanted me to talk with them. I told her that if there was a valid complaint she should call the authorities. Last month I had a call from the HOA President, she said the tenants are bad people claiming tenants were in violation of many of the community regulations and "need to go, they are aweful." I had never had any issues with them and asked if there was any documentation and any proof of their complaints. Nothing. The HOA has now sent a violation notice for "Offensive Behavior" that elaborated with the below. Property Damage and Offensive/Illegal Drug Use/Noxious Odors Several reports have been made about marijuana use on your patio area which is in a limited common area and affects others nearby. We also have reports of the juveniles residing at this unit damaging property in common areas, illegal use of drugs by the minors in common areas, climbing on the roof of the clubhouse, and harassment by the minors to the HOA maintenance man (see attached photos). Please refer to the Declarations, Article 26 - Destruction, Damage or Obsolescence, Article 32.5 - Restrictive Covenants and Obligations, Article 32.5 - Nuisances and Article 32.6 - Immoral, Improper, Offensive or Unlawful Use. The Board of Directors appreciates your prompt attention to these matters. If this matter of noncompliance is not corrected within 10 days of the date of this letter, or if it reoccurs, you will receive a second notice in which a fine of $25 will be assessed in accordance with the HOA fine schedule shown on the second p<ige and a notice regarding your right to a hearing. There is no police report and nothing in writing prior to this. Anyone that can give me some advice on how to proceed with this? Thanks, Paul

Hi, I just came up this. By any chance is the law firm your HOA uses called Altitude Law in CO (f.k.a. Hyndman Sanchez)

Posted by Scarlet J, on Wednesday, June 29, 2022

There are many online Real Estate Gurus that say that this is exactly why you should never buy and rent a home in an HOA. I disagree. I am a modest size self managed landlord that truly cares about my tenants my homes, my rental home neighbors and take pride in my homes and rental business. Half my homes are in HOA communities.Your first reaction to notify HOA and or neighbors that they should absolutely notify authorities is correct. But the next step was to assure your tenant was aware and informed you were contacted and getting complaints and that there were items in your lease about illegal activity, disturbances, etc and that you needed their help to maintain a good last relationship with their neighbors. If you did that, your new HOA letter is your notice to invite the tenant to end the lease early to avoid a potential future conflict or a future eviction. The HOA is like a family member to you. You need to find balance and keep them happy or things will just get untenable. Take firm action soon for the sake of your rental business. Good luck!

Posted by Richard W, FL on Saturday, July 2, 2022

All this seems to be documented with actual violations and should be a part of your lease agreement regardless. People, are entitled to by statutes peaceful enjoyment of their property, rented or otherwise. I would share the complaints with the tenants, reinforce a properly worded and legal lease abiding by state statutes and the HOA requirements, which would have to be abided by in your lease agreement. Could be a heads up. Next would be a 7 day notice and then it becomes a lease breach. Depending on the laws in your state you might have to terminate the lease if the issues continue. This could become a huge issue for the landlord. I believe these types of complaints do not warrant police involvement or make that necessary. Check your state statutes and review the HOA regulations.

Posted by John K, FL on Thursday, July 7, 2022