HOA fine caused by tenant

[martin8282]

I own in California. Recently my renter violated HOA rules and now I am looking at the HOA assessment of $750. I know I cannot legally pass it on her since there is no such clause in our lease agreement, but can I ask her reimburse if she can? Is it legal to ask people for that.

 

[Zigner]

Duplicate thread - see https://forum.freeadvice.com/threads/hoa-fine-caused-by-tenant.658889/

 

[quincy]

We cross-posted, Zigner. I already reported the second thread as a duplicate.

 

[Zigner]

Since the other thread was reported, here is the reply I posted there:

It's a free country - ask away. Heck, I don't even know why you think that you can't "legally pass it on".

 

[xylene]

What is the nature of the violation? And was that a violation of the lease?

Does your lease specify adherence to HOA rules as a requirement?

Have you actually paid the fine? You are unclear about that.

Lastly - this isn't an accusation, just asking for clarity - is your leasing of the unit allowed by HOA rules.

You would not be the first landlord in history or on this page to complain that their tenant's intentionally or unintentionally outed the rental situation.

 

[martin8282]

Xylene,

it was 5 violations, starting from very harmless like putting object on the balcony ledger to serious ones like making duplicate guest parking pass by herself and letting her friends to park there - it is hollywood and those parking spots are very valuable.

I made her sign acknowledgement that she is presented HOA rules and know about them.

I didn't pay fine yet, it will be added to my HOA monthly assessment for next month.

HOA allows to rent if lease is longer then 30 days.

I used standard residential lease and only have one mentioning of the management company - but it has word "complaint" in it:

AGENT/MANAGER: The Landlord authorizes the following to act on their behalf in regards to the Premises for any repair, maintenance, or compliant other than a breach of this Agreement:

The management company known as ZXZ Management Company of XXXXXX, California, 9ZZZX that can be contacted at the following Phone Number XXXXX and can be E-Mailed at XXXXXXXX

This is why I am not sure if she is legally obligated to pay those fines. HOA goes not after tenants but after homeowners.

And if it is legal at all if I politely ask her to pay.

Of course I can increase her rent of ask her to vacate, but I would rather make her pay the fine and tell her be more careful.

 

[Zigner]

I answered your question about whether you can ask.

 

[quincy]

Xylene,

it was 5 violations, starting from very harmless like putting object on the balcony ledger to serious ones like making duplicate guest parking pass by herself and letting her friends to park there - it is hollywood and those parking spots are very valuable.

I made her sign acknowledgement that she is presented HOA rules and know about them.

I didn't pay fine yet, it will be added to my HOA monthly assessment for next month.

HOA allows to rent if lease is longer then 30 days.

I used standard residential lease and only have one mentioning of the management company - but it has word "complaint" in it:

AGENT/MANAGER: The Landlord authorizes the following to act on their behalf in regards to the Premises for any repair, maintenance, or compliant other than a breach of this Agreement:


[Identifying information removed]

This is why I am not sure if she is legally obligated to pay those fines. HOA goes not after tenants but after homeowners.

And if it is legal at all if I politely ask her to pay.

Of course I can increase her rent of ask her to vacate, but I would rather make her pay the fine and tell her be more careful.

Your post was reported so the moderator can remove identifying information. I have quoted your post minus the phone number, address and email.

If your tenant violated the terms of your lease by violating the HOA rules and regulations, you can ask that the tenant pay the fines for violation and you potentially could terminate the lease. I certainly wouldn’t, at any rate, renew the lease.

 

[martin8282]

One more question regarding the same issue - I found following in the lease agreement:

COMPLIANCE WITH LAW: The Tenant(s) agrees that during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant(s), the Landlord, or both.

Does this mean she has to obey HOA rules?

 

[zddoodah]

Aside from laws that criminalize the solicitation of prostitution and things of that sort, I'm unaware of any law in any state that prohibits anyone from asking anyone else for anything. What would make you think there might be a law making it illegal to ask someone for something?

Also, while your lease might not specifically mention anything about passing through HOA fines (something that you obviously should rectify at the earliest possible opportunity), that doesn't necessarily mean the lease doesn't obligate the tenant to you for the violation. Does the lease require the tenant to know and comply with the HOA rules (the "Compliance with Law" section you quoted seems to be limited to laws and rules of governmental entities)? Does the lease say anything about the tenant indemnifying you?

If I were you, I would tell the tenant that you expect her to pay the fine or face eviction. Then, since the premises are governed by the City of Los Angeles rent control ordinance, and particularly if she doesn't pay the fine, I would retain the services of a local attorney to advise you how to proceed.

 

[PayrollHRGuy]

One more question regarding the same issue - I found following in the lease agreement:

COMPLIANCE WITH LAW: The Tenant(s) agrees that during the term of the Agreement, to promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions and officials thereof with respect to the premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant(s), the Landlord, or both.

Does this mean she has to obey HOA rules?

No, your HOA is not a Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions or officials

 

[quincy]

It should have been made clear to your tenant that all laws needed to be obeyed and that all HOA rules needed to be followed, with any violation subject to termination of the lease.

Ask your tenant to pay the fines associated with the violations.

 

[xylene]

Personally, I see the duplication of parking passes as outright fraud and you should use that as leverage to get her to pay and sign an addendum that she is explicitly responsible for HOA rules and fines that she causes.

 

[FarmerJ]

Do your self a huge favor and re check to see if eviction actions have been halted by your state governor thru a emergency order , In my state Gov Walz has just done that in order to keep people in place rather than forcing them to be moved out.

 

[quincy]

Here is information from the California Apartment Association on the orders by Governor Newsom on Covid-19 and evictions:

https://caanet.org/coronavirus-resources-for-navigating-the-outbreak/