Reader Questions - Tenant Issues

Kelly Richardson,

Non-occupied owners were sent a form that they must sign stating, “I acknowledge that I will be held responsible for the actions of my tenants and/or guests, including any penalty assessments for infractions, etc.” This was sent to non-occupied owners only. Does this seem discriminatory? Does this mean we are responsible for any actions, including non-landlord related activities? The board says there have been a lot of infractions.

If the tenant has any violations of the governing documents they can send a notice of default to the owner. So the board can force us to evict a tenant for minor infractions. If board members don’t like our tenants for some reason they can find an infraction and force us to evict them. We asked about owner-occupied and they said that they didn’t need to follow the same rules, such as vacating. We don’t want to sign these new forms.

Thanks,

L.W., Garden Grove

Hi Kelly,

Our HOA is charging the residents a $50.00 speeding fine, if a friend who is coming to visit you is stopped for speeding. Is this legal??

Thanks,

A.L., Murrieta

Dear L.W. and A.L.,

Common interest developments (aka “HOAs”) often have a hard time with tenants. The association has a legal relationship, through the CC&Rs, which are a contract automatically binding all owners and the association. As a non-owner, the tenant or guest is not a party to the CC&Rs, and so the association has no legal control over their actions. When a tenant or guest misbehaves, what can the association do to protect the other residents?

Most of the time, having no direct control over the tenant, the association will call in the landlord for a hearing. The board will impose discipline against the landlord member, on the assumption that the landlord will then rein in the tenant.

Some associations try to crack down on tenancies, imposing a cap on the number of rentals in the community. This approach does not deal with the root issue, but tries to limit the extent of the issue. Rental cap imposed in 2012 or later only apply to owners who acquire a residence after the limitation is imposed, per Civil Code 4740.

Another approach is to modify the documents and require the tenant to sign an additional promise to the HOA, as a condition of leasing in the association. Such a promise could contain an agreement that the tenant promises to abide by the association rules, and will accept association discipline as if the tenant were a member. This allows the board the choice to call the landlord and/or the tenant for a hearing.

Even without the governing documents requiring them to do so, landlords can help by including in the lease a promise that the tenant will abide by the association rules and use restrictions.

As to guests, the association has no option. The only person it can hold responsible when a guest causes trouble or even damages the common area is the member.

Tenants and guests should be required by landlord, host, and the association to be good neighbors.

The governing documents can be amended to help regarding tenant and guest issues.

Remember, even a $50 “speeding ticket” requires a board hearing, under Civil Code 5855.

Thanks for your questions,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.