Can a landlord make the tenant responsible for paying HOA dues? Can the tenant be held responsible for fines if they violate HOA rules?
Most landlords include the HOA monthly fees in the tenant’s monthly rent amount. While not commonly done, a landlord could choose to have the tenant pay the HOA fees directly to the HOA management as a separate payment. Having the tenant directly responsible for timely payment of HOA dues can create potential liability for the landlord if the tenant fails to make on time payments. The HOA can charge late fees and interest penalties against the owner landlord for delinquent dues that could eventually lead to a lien being placed against the property or notice of foreclosure proceedings.
Owners as landlords are held responsible for the tenant’s actions. If the tenant violates the CC&Rs or any rules and regulations, the HOA will generally notify the owner/landlord of the violation and request the owner to remedy the situation. Accordingly, in order to avoid potentially costly penalties for tenant violations that the landlord never heard about until the matters became serious, landlords should have all HOA notices mailed to the owner’s residence, office, or post office box rather than the rental property address.
HOA’s cannot except in certain circumstances take direct action against a tenant who violates the rule and regulations of the association. Landlords must be notified of the tenant’s violation and the owner landlord must take appropriate remedy. The HOA will assess the landlord any fines associated with the rules violation. It is the landlord’s responsibility to remedy the tenant’s violation of HOA regulations. Landlords should be aware that the HOA can contact law enforcement directly with a tenant commits a crime. The HOA is not obligated to contact the owner landlord first before taking appropriate legal action.
It is strongly recommended that the owner/landlord have a written lease agreement with the tenant that holds the tenant directly responsible for compliance with the HOA governing documents and makes the tenant responsible for fines for violations.
The owner/landlord may have recourse against the tenant if the HOA violation is a material lease default. The owner landlord can issue a notice to the tenant to cure the violation or quit the property. If the tenant does not comply, an owner landlord may begin eviction proceedings.
The landlord-tenant lease agreement is the governing document in determining whether the owner/landlord can require the tenant to reimburse the owner landlord for the amount of the fine.
To reinforce the tenant’s responsibilities for HOA rules and regulations, the owner landlord should always give the new tenant a set of the HOA governing documents prior to lease signing. The lease agreement should contain clause that provide specific coverage of all HOA issues, including the rules and regulations for use of common areas and facilities.
It is recommended that the lease include a statement whereby the tenant acknowledges receipt of HOA documentation and explicitly agrees to reimburse the landlord for any fines resulting from tenant actions or inactions. The signed documentation – tenant acknowledgment of document receipt and tenant agreement for reimbursement of HOA fines to the landlord – should be kept in the tenant’s file.