Homeowners fines in rental property

[ashina74]

What is the name of your state? AZ

Hello,

I own a rental SFH property in AZ and have a tenant living there. I have a property management company that I hired since I live out of state and can not manage it myself.

I recently received a letter from the HOA that say the tenant is violating HOA codes (front yard have no covering and trash can is kept outside the property) for the 8 months. It included a copy of 8 letters mailed to my management company about this matter. It seems that the HOA always mailed the violation letters and notices to my management company (they have their mailing address on file) and never to me till this point of time.

My management company did not made the tenant correct the violation till now and now I have accumulated fines of $975 to pay in fines and threat of legal actions.

I was only contacted by the management company about this issue once few months ago by a short email. I replied and asked them to make tenant correct the violation since it is tenant responsibility. Shortly after I was informed by them that the issue has been resolved and I believed them.

I have proof of all this in writing and all in my email correspondence from my management company.

I was very surprised and upset when I recently received the letter from the HOA explaining that the matter was never resolved and now HOA put $975 fines and threat to start legal actions against me.

I have contacted my management company immediately and expressed my disappointment from the way they didn't do their duty. I have sent them a complaint letter.

My manager claims they send the tenant letters about it but he didn't comply. When I asked why I was not informed and actually was misinformed she did not have an answer. Now her advice is to start eviction process in 7 days and she sent tenant last eviction notice

My questions are:

It is clear that my management company didn't do their job and due to their incompetence I now have HOA fines. How should I deal with it?

What is the eviction process in AZ? Should I be present their?

Should I pay HOA fines myself out of my pocket?

Should I sue my management company? If yes, how?

How to deal with the HOA fine? Can I ask or appeal the fines since I never received the letters from the HOA and my management company misleads me by informing me that it was resolved?

What will be the best way to deal with this?

PLEASE HELPPPPPPPP.

 

[las365]

I'm not a lawyer but here are my suggestions:

1. ASAP, make a trip to AZ to check out the condition of your property and hire an experienced landlord/tenant and civil litigation lawyer in the city in which your property is located;
2. Fire the management company;
3. Have the lawyer handle the eviction;
4. Pay the HOA fines; and
5. Sue the management company.

I assume you will want to hire another management company to handle future rentals. Get references for the next one, and check them out. Talk to the lawyer about the kind of proof of insurance you should require from the management company.

 

[Cvillecpm]

File eviction against the tenant AND a small claims suit for the $975.

Hire an attorney ASAP - evict the tenant, write a stink letter to the HOA AND file suit for HOA fines...I think an attorney letter will get the HOA fines removed since you were not notified.

 

[Wyldrush]

I think you should talk to the HOA and explain the situation first. Tell them your willing to fly in at your expense and rectify the problem and ask to have the fines waived this time. Explain you were unaware of this and the mgmt co on file did not remedy the situation and you feel they just ignored the HOA letters. Also ask them why you never received a copy of letters and in future you want to be made aware of all HOA violations. They must have your address on file since any HOA activity requiring a vote must be mailed to you ,as well as expense reports, etc.

Go talk to the mgmt company . Let them know they are liable for the fines if HOA will not forgive them. You should have grounds to sue the mgmt co for not doing there job. They say they sent letters to the renter. WHo cares.. They are a mgmt co, they should of went out to the house since they must be local to the property.

I would not evict tenant so fast. Do they pay rent ontime each month? Is house in good condition? I know some HOAs just nickpick over dumb things and this maybe one of them. I lived in a FL HOA that required grass to be under 2 1'2inches at all times or you get a fine. Before evicting the tenat, you have to decide if they deserve to be evicted, or subject to condo commandos and a poor property mgmt office.

 

[Who's Liable?]

I would not evict tenant so fast. Do they pay rent ontime each month? Is house in good condition? I know some HOAs just nickpick over dumb things and this maybe one of them. I lived in a FL HOA that required grass to be under 2 1'2inches at all times or you get a fine. Before evicting the tenat, you have to decide if they deserve to be evicted, or subject to condo commandos and a poor property mgmt office.

You obviously have never lived in AZ. Some of the cities(Tempe) are more puckered than the HOAs! The city will give you a ticket for parking half way up a rolled curb! They have their own city ordinance task force that regularly patrol the neighborhoods looking for ANY violation.