HOA/LandLord/Tenant Dispute - Arizona

[adamturner31]

Greetings all,

Recently we received a noticed from the Home Owners Association stating that weeds and spurge needed to be removed from our rental property. We pulled the weeds and spurge which satisfied the H.O.A. Confirmation of compliance was acquired through email communication. Two days later, two gentlemen entered our premises spraying chemicals and taking pictures. I contacted the landlord later that afternoon and they (rental agency) informed me that a bill for $115 was posted to my account for work done at my rental lot to satisfy the H.O.A. as well as $25 for a fine from the H.O.A., and $35 for a certified letter that we never received that they sent to an alternate address that is not managed by the agency and it's unsigned still sitting at the post office.

1. My defense was that the issue was resolved with the H.O.A. two days before the gentlemen arrived.
2. No work was done on my property other than chemicals sprayed and pictures taken which I didn't request.
3. The certified letter was not sent to the rental location.

They removed the $25 fine but stated the $115 will remain as well as the $35. I refused to pay.

1. Can a landlord issue work orders without my consent and charge me for it?
2. Can a landlord send certified letters to alternate addresses and charge me for it even when they are not signed?

Before my frustration gets the best of me and I ramble on to no end, does anyone have any thoughts on options?

Thank you,

Tenant in Phoenix, Arizona

 

[MIRAKALES]

The governing covenants allow the homeowners association (HOA) to perform and execute to maintain the premise standards. The lawn maintenance is a requirement of the homeowners covenants. The charges for lawn chemicals and maintenance, including notification would all be valid charges in order to correct the HOA violation. Tenant may have remedied the violations before the agents for the HOA provided service, but HOA was not made aware of the maintenance performed by tenant until after-the-fact.

Apparently, the tenant received notice of the HOA violation (as mentioned in line 1). The fact that additional notice was sent to an alternate address is not relevant to the fact that notice was delivered and received. The chemical charges ($115), certified letter ($35), and fines ($25) were solely issued because of the pre-existing HOA violation caused by tenant, therefore the charges are valid. The LL does not require tenant consent in order to remedy violations. The LL can issue notices to any and all known addresses provided by tenant. (Non-receipt of notice is not a valid defense.) The notices were delivered whether signed for or not, the notice was issued with proof of mailing. The HOA appears to be very organized and very thorough… it would not be far-reaching to believe that notice was also issued to all known addresses by USPS first class mail delivery.

Thoughts on Options: Maintain the lawn to the standards set by the HOA. Charges, penalties, and fines cannot be issued for HOA compliance.
(Pay the charges immediately to avoid additional encumbrances against the premises.) Dispute the valid issues and matters after payment.

 

[Cvillecpm]

Did you coordinate this THROUGH THE PROPERTY MANAGEMENT FIRM? If not, then your BAD.

You have NO RELATIONSHIP to the HOA EXCEPT through the property manager and property owner.

Write the HOA AND the Property Manager that unless these charges are removed from your account within 5 days, you will PAY IT UNDER PROTEST (put this on the check) and then SUE THEM BOTH IN SMALL CLAIMS COURT.

Next time, coordinate THROUGH the PM so that this is does not happen again!!!

 

[adamturner31]

Folks,

We are new renters in a HOA neighborhood and didn't understand the algorithm or relationship associated with the HOA. (and I realize there is no ignorance in the law) We did not cooridante through the property manager simply because we assumed the HOA would communicate the resolved issue to the PM. (and I understand the affect of assumptions) More inward, the HOA stated that the PM WAS informed. The PM claims they were NOT informed which is why they sent someone to clean the front yard. (the front yard was already cleaned and in compliance. but that's another song.)

While it is my responsibility to communicate with PM regarding HOA issues, isn't it also the responibility of HOA to communicate with the PM?

Should I just, as suggested, pay the amounts and mark the check 'Paid in protest' and then sue the HOA for not contacting the PM? ...or shoul d I just chalk this up as a learning experience?

Tenant in Phoenix, AZ

 

[adamturner31]

The LL can issue notices to any and all known addresses provided by tenant. (Non-receipt of notice is not a valid defense.) The notices were delivered whether signed for or not, the notice was issued with proof of mailing. The HOA appears to be very organized and very thorough… it would not be far-reaching to believe that notice was also issued to all known addresses by USPS first class mail delivery.

If they sent a notice to ALL known addresses that would be fine. They sent 1 certifeid letter to an alternate address (and I'm uncertain where they found this address...it was never provided) as well as a standard letter to an alternate address and 0 letters to the property address that they manage. Are you telling me that they can query an archive and mail certified letters to old addresses and bill be me for it and more inward consider this a valid communication?

 

[MIRAKALES]

The responsibility to maintain the lawn was that of the tenant, period.
The issues began due to the lack of proper lawn care and maintenance by the tenant. It would seem that the matters of improper mail delivery and unnecessary lawn chemical treatment would not have been required had the lawn first been maintained properly by the tenant. With that said, the only responsible party is the person that did not fulfill their obligations to maintain the lawn – that would be the tenant (YOU)!

Accept full responsibility for all that has occurred. Then pursue the matter with that SAME understanding when requesting that OTHERS (HOA, PM, LL) should take financial responsibility for the tenant’s (YOUR) failure to maintain the lease obligation and the lawn.

Maybe tenant did not receive the mailing, but tenant did sign the lease agreement that required that the lawn be maintained. Only pursue the matter legally if the lease agreement does not specify lawn maintenance and care by the tenant. Otherwise, consider the letter from the HOA a friendly reminder of YOUR tenant responsibility to the premises.

 

[adamturner31]

The responsibility to maintain the lawn was that of the tenant, period.
The issues began due to the lack of proper lawn care and maintenance by the tenant. It would seem that the matters of improper mail delivery and unnecessary lawn chemical treatment would not have been required had the lawn first been maintained properly by the tenant. With that said, the only responsible party is the person that did not fulfill their obligations to maintain the lawn – that would be the tenant (YOU)!

Accept full responsibility for all that has occurred. Then pursue the matter with that SAME understanding when requesting that OTHERS (HOA, PM, LL) should take financial responsibility for the tenant’s (YOUR) failure to maintain the lease obligation and the lawn.

Maybe tenant did not receive the mailing, but tenant did sign the lease agreement that required that the lawn be maintained. Only pursue the matter legally if the lease agreement does not specify lawn maintenance and care by the tenant. Otherwise, consider the letter from the HOA a friendly reminder of YOUR tenant responsibility to the premises.

The lawn WAS maintained which was why the fine was waived. It was a simple misunderstanding with the HOA.

Are you saying that I should be fully responsibility for the actions of others? This is rediculous and sounds like a teenager defense.

Yes I signed a lease stating I would maintain the property...and I did and I continue to do so. As I told the PM and HOA, we have the most well groomed property on the block since we moved in...and this is fact. I do the work myself when I'm not working 12 hours a day as a Senior Software Engineer with one of the largest credit card companies world-wide.

Does anyone else have any thoughts?

Tenant in AZ

 

[Cvillecpm]

You should have communicated with the PM. Assuming a HOA is "looking out for you" is a very poor position when it effects your $$$

Pay the money and move on!!

 

[adamturner31]

You should have communicated with the PM. Assuming a HOA is "looking out for you" is a very poor position when it effects your $$$

Pay the money and move on!!

I would have gladly contacted the PM if they sent their letters to my residence. Being a new renter to a HOA neighborhood, I was unaware of the process. I had never dealt with HOA in the past. The PM's letter gave instructions on procedure but I assumed it was a duplicate HOA notice (which in part, it was) and ignored it until this whole scenario unraveled. I then opened the letter, far too late, to discover the PM's instructions. None of this would have happened if HOA contacted the PM and/or the certified letter was sent to the managed address.

I honestly don't feel I'm at fault and I don't think a judge will either.

I will consult an attorney and post my success/failures.

Tenant in AZ

 

[Cvillecpm]

This is a small claims case - suing the HOA and PM after payment is your BEST choice....but give them BOTH notice of your intention with at least 10 days to correct their mistake.