Tenant Breaking HOA Rules

I have a L/O tenant that pays on time, etc...no prolbems. A month or so ago I got a letter from the HOA stating this property was in violation of the code because a car with expired tags was in the driveway. (picky, picky, picky!) I forwarded the nasty-gram to the tenant. Today i received a nother letter from the HOA stating the car was STILL there, and they are calling a hearing and may levy fines if it is not taken care of.
I have already called the tenant and left a message / read the letter inot answerin machine.
I don't know what the circumstances are. There is a 2 car garage on property...seems he could just store it in there.
IF he does not, any suggestions?
I don't think I addressed this in L/O contract.

Comments(3)

  • DaveREI25th September, 2003

    this would be in the upkeep of property or the violation of neighbors privacy/right of enjoyment....i would think....

    find out when they are home give them 24 hours to take care of it... if not....

    tow it for impound.....

  • 64Ford7th October, 2003

    Just an update on this:
    I talked with the tenant. He complied with the original HOA letter. They just never bothered to update their records.

    So the HOA was in error!

  • rajwarrior7th October, 2003

    Good topic,

    Glad to hear your situation worked out, 64. Others may not be so lucky.

    This problem can up in my former neighborhood as well. There wasn't a HOA, but a code of restrictions for the subdivision that a tenant under a L/O agreement was not adhering to.

    With a L/O, the investor/seller would STILL be responsible for the upkeep and rules/codes, etc. attached to the home. As Dave pointed out, violations of such by the tenant MAY be covered under the standard L/O terms/clauses. However, I'd suggest that the investor make a specific clause that mentions these rules/codes and outlines the penalties for not following them (like eviction).

    The residents of my old subdivision have currently signed a petition, a copy of which was sent to the owner/seller, to have the tenant cease the rules violations immediately. Failure to do so will result in a hearing in civil court. The civil court action will be against the owner/seller, and not the tenant.

    Roger

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