Dealing With Tenant Violations of HOA Rules

A common problem that is addressed by homeowners’ association management personnel pertains to dealing with those that are violating HOA rules. Unfortunately, statistics show that renters tend to violate homeowners association rules more frequently than owners. The likely reasons for this is that: (i) tenants do not have a financial interest in the leased property; (ii) tenants do not have voting rights; (iii) tenants cannot participate on boards or committees; (iv) tenants tend to be less connected to the HOA; and (v) tenants are typically more transitory in nature.

In the typical homeowners’ association, the HOA has the power to enforce rules against the owners of properties within the association, but not directly against the owner’s tenants. This results in a situation where the association’s management personnel[…]