It is important for board members to understand the HOA rules for renters to ensure consistent enforcement. Failure to enforce the rules fairly and equally can lead to potential liabilities. On their part, tenants must know these rules to avoid racking up fines and other penalties.
Do HOAs Allow renters?
Homeowners associations are known for enforcing strict rules about what residents can and can’t do. This includes rental restrictions. That said, the authority to impose rental restrictions or prohibit rentals altogether depends on state laws and the governing documents.
In Washington, DC, condo associations have the statutory authority to reasonably restrict residential leasing according to Section 42-1903.08 of the Condominium Act. There is no existing statute that applies specifically to single-family HOAs.
Understanding HOA Rules for Renters
In general, tenants must follow the same rules as other residents in the community. Here is a more detailed breakdown of HOA rules for tenants and how the landlord-tenant agreement applies.
HOA or Condo Fees
Owners are generally responsible for paying dues and assessments to the association. The contract exists between the owner and the HOA, so tenants are not legally obligated to pay these fees to the community.
That said, a lease agreement can require the tenant to reimburse the landlord for certain expenses, including HOA or condo fees. This agreement exists between the owner/landlord and the tenant. As a result, if the account is behind on its dues, the association only has the right to go after the owner, not the tenant.
Attending Meetings
Renters don’t typically have the right to attend the association’s meetings. That right is reserved for homeowners. That said, it will ultimately depend on the association’s governing documents.
Some communities allow tenants to attend meetings because certain issues can directly affect them. More often than not, owners assign their tenants as their representatives or agents, giving them the indirect right to attend meetings.
If a tenant has a complaint, they must communicate it to their landlord or property manager. They normally don’t have access to the association’s complaint system or owner portal.
Voting
Tenants generally can’t vote in association elections or on matters. Voting rights belong to the owners. Of course, an owner/landlord may not be able to cast their vote in person, especially if they don’t reside in the community. In such cases, the owner may designate their tenant as their proxy.
Access to Amenities
Tenants can generally use community amenities, such as swimming pools, fitness centers, and clubhouses. In fact, these types of amenities are often a strong selling point for renters.
Of course, tenants must follow the same amenity rules as everyone else. Some associations may also require tenant registration or amenity passes for better monitoring and control.
Community Rules
When living in an HOA or condo association, tenants must follow the community’s rules and regulations. These rules often regulate noise, parking, pets, trash, landscaping, architectural changes, amenity use, smoking, and other activities.
Even if the tenant doesn’t have a contract with the association, HOA rules for renters still apply. The obligation to adhere to the association’s rules usually stems from the tenant’s lease.
Subletting
The ability to sublet a home or condo unit depends heavily on the association’s governing documents and the tenant’s lease agreement. In general, tenants can’t sublet a property unless the lease allows it or the landlord gives express permission.
Additionally, the association may also have rules governing subleases. For example, these rules may prohibit subletting altogether or require that any sublease follow the same rental restrictions.
How to Deal With Tenant Rule Violations
Tenant rule violations generally follow the same basic due process as owner violations. State laws and the governing documents stipulate the requirements and procedures. General steps include:
1. Warning and Opportunity to Cure
It typically begins with a warning letter, giving the owner and tenant a chance to correct the alleged violation. This letter must identify the rule violation and explain what needs to be remedied.
Of course, for more serious violations, the HOA may skip the warning letter and jump straight to a formal notice. The owner and tenant must still fix the violation, but penalties are likely to follow a disciplinary hearing. Serious violations typically involve property damage and threats to residents’ health and safety.
2. Formal Notice
According to Section 42–1903.08, a condo association must provide notice before levying a violation fine. The same typically applies to HOAs as per their governing documents.
This notice must be in writing and include all pertinent information, including a statement that the owner/tenant has a right to a disciplinary hearing. While DC law offers no notice period, common practice puts it at 10 to 14 days.
3. Opportunity to be Heard
According to Section 42–1903.08, a condo association must give owners an opportunity to be heard before imposing fines. It is best to apply the same due process for tenants as well. At this hearing, the tenant may plead their case, present evidence, and call witnesses.
4. Decision
Board members must make a decision based on applicable laws, the governing documents, and the facts of the case. This decision must be objective and free from any sort of bias. It is also best to communicate this decision to the owner/tenant in writing.
Tenant vs Landlord: Who is Responsible for Rule Violations?
Even if a tenant commits the violation, the owner/landlord is ultimately responsible to the association. The HOA levies the fine against the owner because the property is in their name. Remember that the association’s contract exists with the owner, not the renter.
This means that the association board can pursue collection efforts against the owner. If the owner fails to pay this fine for their tenant’s violation of HOA rules for renters, they may face legal action.
That said, the landlord can pay the fine and then subsequently seek reimbursement from the tenant. Most lease agreements include this as a condition of the tenancy.
Can an HOA Kick a Tenant Out?
In general, an HOA or condo association can’t directly evict a tenant for violating the HOA rules for renters. This is because the tenant does not own the home or unit.
That said, most associations get around this by pressuring the landlord to take legal action, fine the owner, or enforce compliance. Many HOAs require owners to include a clause in their lease stating that tenants must follow all community rules.
As a result, if a tenant consistently violates the rules, it may be considered a breach of the lease agreement. This gives the landlord grounds for eviction.
Proper Enforcement of HOA Rules for Renters
Tenants generally have an obligation to adhere to the association’s rules. If there’s a violation, the association must enforce the rules against the appropriate party and follow due process. Although the tenant violated the rules, the owner is ultimately liable for the consequences.
TNWLC offers HOA management services to communities in Washington, DC. Call us today at (202) 483-8282 or contact us online to start your journey!
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