What to Do When Your Misbehaving Tenant Annoys the HOA

interwebbed connected houses

What to Do When Your Misbehaving Tenant Annoys the HOA

SHARE:

Owning a rental with a local Homeowners Association comes with a fair few benefits! You don’t have to worry about landscaping, the exteriors are often maintained, and neighbor disputes are settled with a board of directors you may never have to meet! Well, in a perfect world you may never meet them. Most likely you will be in contact with them, email, phone calls, or otherwise, because of something as mild as misuse of parking spaces or larger social issues.

Owning a rental with a local Homeowners Association comes with a fair few benefits! You don’t have to worry about landscaping, the exteriors are often maintained, and neighbor disputes are settled with a board of directors you may never have to meet! Well, in a perfect world you may never meet them. Most likely you will be in contact with them, email, phone calls, or otherwise, because of something as mild as misuse of parking spaces or larger social issues.

What is a Homeowners Association

A Homeowners Association (HOA) is a collection that keeps track and maintains order over a group of properties, such as a neighborhood or subdivision. Maybe there’s a neighborhood pool, dog park, or tennis court that needs to be maintained. If it’s a condominium, there’s likely to be a set number of parking spaces that need to be accounted for.

woman by her picket fence

What is a Homeowners Association

A Homeowners Association (HOA) is a collection that keeps track and maintains order over a group of properties, such as a neighborhood or subdivision. Maybe there’s a neighborhood pool, dog park, or tennis court that needs to be maintained. If it’s a condominium, there’s likely to be a set number of parking spaces that need to be accounted for.

woman by her picket fence

Being Accountable

When it comes to playing by the HOA’s rules, both tenant and landlord are accountable. Let’s say Tenant A has been using the tennis court, maintained by the HOA. There’s only one, so those in the neighborhood schedule their times to play, but Tenant A has been going whenever they feel like it and intruding on other peoples’ times. At this point, the HOA can contact both you and Tenant A about this issue. Tenant A is disregarding the rules, and you as the landlord are responsible as well, despite not being the one playing tennis.

Having an HOA means maintaining two sets of relationships – that between you and Tenant A and that between you and the HOA. You do not know what will last longer, the lease or the board of directors so as a landlord, you need to treat both with respect. 

Being Accountable

When it comes to playing by the HOA’s rules, both tenant and landlord are accountable. Let’s say Tenant A has been using the tennis court, maintained by the HOA. There’s only one, so those in the neighborhood schedule their times to play, but Tenant A has been going whenever they feel like it and intruding on other peoples’ times. At this point, the HOA can contact both you and Tenant A about this issue. Tenant A is disregarding the rules, and you as the landlord are responsible as well, despite not being the one playing tennis.

Having an HOA means maintaining two sets of relationships – that between you and Tenant A and that between you and the HOA. You do not know what will last longer, the lease or the board of directors so as a landlord, you need to treat both with respect. 

Leasing Right

Make sure that the lease mentions the HOA. That includes who is responsible for fines and following rules, by-laws and more that are set by the association. Without this, it will be very hard to set Tenant A straight. Check with a lawyer to make sure the lease covers this information, including that the tenant agrees to follow the terms set by the HOA and any updated rules that they set in the future. It may be a good idea in the future that if and when a new tenant moves in, remind them Day Of or Day Before of the HOA’s terms. With Tenant A, you may have a few options. Since you are not their parent and can’t remind them of the concepts of sharing and playing fair, you have to go a different route. If it’s in the lease, remind them of the agreements with the HOA.  You should start off polite but firm, such as but not limited to:

Leasing Right

Make sure that the lease mentions the HOA. That includes who is responsible for fines and following rules, by-laws and more that are set by the association. Without this, it will be very hard to set Tenant A straight. Check with a lawyer to make sure the lease covers this information, including that the tenant agrees to follow the terms set by the HOA and any updated rules that they set in the future. It may be a good idea in the future that if and when a new tenant moves in, remind them Day Of or Day Before of the HOA’s terms. With Tenant A, you may have a few options. Since you are not their parent and can’t remind them of the concepts of sharing and playing fair, you have to go a different route. If it’s in the lease, remind them of the agreements with the HOA.  You should start off polite but firm, such as but not limited to:

“I understand that you want to play tennis at your leisure, but please remember the agreements with the HOA and the consequences of breaking those terms.”

If a gentle reminder is not enough with Tenant A, then it is time to get more serious. Ask your lawyer about the situation, the lease, and steps you and the HOA can take to ensure proper behavior moving forward.

“I understand that you want to play tennis at your leisure, but please remember the agreements with the HOA and the consequences of breaking those terms.”

If a gentle reminder is not enough with Tenant A, then it is time to get more serious. Ask your lawyer about the situation, the lease, and steps you and the HOA can take to ensure proper behavior moving forward.

Subscribe for more news and tips!

* indicates required

Share with your friends!

Share on Facebook
Share on Twitter
Share on Linkdin
Share via Email

More Articles from ApplyConnect

Tenant Screening

Landlords: The FTC and CFPB Request Public Comment from You!

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have united to inspect how background screening can impact American renters, with a particular emphasis on examining the use of criminal and housing court records and tenant screening practices. As part of a whole-of-government effort detailed in the White House’s January 2023 Blueprint, the FTC and CFPB are seeking public comment until March 30, 2023. We urge you to voice your unique industry perspective.

Read More »
Tenant Screening

The Ideal Tenant & The Ideal Landlord: A How-To Guide

It’s no secret the relationships between tenants and landlords are sometimes portrayed as less than ideal, even to the point of one party painting the other in a cartoonish, sinister manner. Often, many of the instances that perpetuate ongoing stigmas about both are the result of simple misunderstandings or miscommunication.

Read More »

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Share this Article!

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

More Articles from ApplyConnect

Blog Topics

Click the dropdown

Tenant Screening

Landlords: The FTC and CFPB Request Public Comment from You!

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have united to inspect how background screening can impact American renters, with a particular emphasis on examining the use of criminal and housing court records and tenant screening practices. As part of a whole-of-government effort detailed in the White House’s January 2023 Blueprint, the FTC and CFPB are seeking public comment until March 30, 2023. We urge you to voice your unique industry perspective.

Read More »
Tenant Screening

The Ideal Tenant & The Ideal Landlord: A How-To Guide

It’s no secret the relationships between tenants and landlords are sometimes portrayed as less than ideal, even to the point of one party painting the other in a cartoonish, sinister manner. Often, many of the instances that perpetuate ongoing stigmas about both are the result of simple misunderstandings or miscommunication.

Read More »

Get Started with ApplyConnect!

The nation’s most trusted tenant screening for real estate agents, landlords, and property managers. No cost background checks available 24/7.

©2018 ApplyConnect. All rights reserved

ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.

Get Started with ApplyConnect!

The nation’s most trusted tenant screening for real estate agents, landlords, and property managers. No cost background checks available 24/7.

©2018 ApplyConnect. All rights reserved

ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.