All of my properties are in HOA’s, which are Homeowners Associations. I like HOA’s because they provide amenities for residents - pools, exercise rooms, clubhouses, etc. But they also come with rules that the people that live within the community must follow. That got me to thinking about how HOA rules would impact my renters.
It doesn’t matter if you are an owner or a renter, but you along with everyone else that lives within the community will be expected to follow the rules of the HOA. Before you sign your new lease, you’ll be given a copy of the HOA rules for the community where you’ll be living. The lease you sign will stipulate that you understand that you need to follow all rules of the HOA, because the HOA requires this clause in rental agreements. When a renter breaks the rules of the HOA, it is up to the property owner to remedy the situation under most circumstances. If the situation isn't corrected, the property owner may be held liable and subject to penalties permitted within the HOA. This can include financial penalties and loss of privileges such as pool use. If a tenant keeps breaking the rules of the HOA, the tenant may be subject to losing their lease as a result.
There are a few situations where the HOA can take direct action against a renter. If a law is being broken or if a tenant is committing a crime, then the HOA can notify and involve the police without first contacting the homeowner. Another situation where an HOA can take action against a renter is if they have parked a vehicle illegally within the property bounds of the HOA. In that instance, they can tow the vehicle on their own without first contacting the owner of the property.
Some owners take steps to make sure that their tenants won't violate the rules of their HOA by imposing financial penalties against the renters for rule violations. Make sure you check your lease to see if you could be subject to fines for violating rules. Also read your lease to see if you could be subject to early termination of your lease for HOA rule breaking.
The rules of an HOA are for everyone, and everyone is expected to follow them. Renters will enjoy the benefits of the HOA, like having a pool to use. For this reason, it's important to make sure that as a renter, you don't violate the rules of the association. Doing so can cause you direct harm as stated within the HOA documents or your lease.
Interested in learning more about HOA's? Take a look at who pays the HOA fee if I'm renting for more information about them.
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