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If you are part of an HOA, you have certain rights and responsibilities—whether you’re a homeowner or a renter.
The issue of rental units within a homeowners association (HOA) can strike a chord among homeowners—both for and against. But if your HOA allows units to be rented or leased, you should be aware of the rights and responsibilities of everyone involved.
HOA responsibilities
HOAs need to adopt standard policies when dealing with renters, including how tenants communicate requests to the HOA, how the Board will notify tenants and landlords of rule violations, and who will be held accountable for such violations. Typically, in all cases the landlord should be the first point of contact and the person held responsible.
It’s important to note that an HOA has no direct authority over renters. It does, however, have authority over its homeowners and should exert that right when it comes to enforcing HOA policies. The board can require landlords to provide tenants with copies of association rules and also require landlords to provide the board with tenant contact information and a copy of the lease agreement.
While the HOA may not have legal authority over renters when it comes to enforcing association rules, it does have the right to call the proper authorities should a renter break a law.
Landlord responsibilities
Landlords within an HOA are responsible for ensuring that their tenants play by the association’s rules. To prevent rule violations, be sure to provide written copies of all HOA policies and rules, and be sure your lease agreement is in writing and adheres to the HOA’s governing documents.
If your tenant does violate a policy or rule, you will need to remedy the situation using resources available to you in your lease agreement. If the violation results in fines, it is up to you to pay the HOA and then be reimbursed by your tenant. And be aware that if you are unable to correct the issue, your HOA may pursue appropriate legal action against you.
Renter responsibilities Renters’ rights are protected under the Fair Housing Act as well as state landlord-tenant laws. Rules or policies that violate any rights protected by state or federal law are not legal and cannot be enforced. That said, renters do have a responsibility to live up to the lease agreement they signed—which should require compliance with all association governing documents—as well as local and federal laws.
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