How to structure lease

Question

Hello everyone! I am moving out of my current residence (condo) and turning it into my first rental! I am trying to get all my ducks in a row but there is one thing in particular that I am not too sure about.  When structuring a lease and laying out the what I will be responsible for and what the tenants will be responsible for I'm not sure how to incorporate my HOA. For example, if the main gate to the complex isn't working that lands on my HOA. Would that be up to the tenate to communicate with the HOA? Of should my tenate file an maintenance request to me?

Jim Thomas · Answer

Turning your condo into your first rental is a big step—and you’re asking exactly the right questions. The HOA piece is where many first-time landlords get tripped up, because you’re essentially managing two relationships at once: you ↔ HOA and you ↔ tenant. Your tenant doesn’t have a direct legal relationship with the HOA the way you do, even though they’re living under its rules.

Let’s walk through how to structure this clearly in a lease (and avoid headaches later).

Start With Your HOA Documents (Seriously)

Before you write anything into your lease, dig into your HOA’s governing documents—usually called:

• Covenants, Conditions & Restrictions (CC&Rs)
• Rules & Regulations
• Bylaws

These documents will spell out:

• Whether rentals are allowed
• Any restrictions on tenants
• Who is responsible for communication (owner vs occupant)
• What services the HOA provides

You’re absolutely right to suggest running sections through AI to generate questions—that’s a smart way to prep for a conversation with your property manager or HOA board.

Who Talks to the HOA: You or the Tenant?

Here’s the practical rule:

👉 You (the owner) should remain the primary contact with the HOA.

Even if your tenant can contact the HOA for convenience, you don’t want to rely on that. Why?

• The HOA holds you accountable, not your tenant
• Missed communications can lead to fines or violations in your name
• Tenants may not follow through or escalate issues properly

Best Practice

Structure your lease so that:

• Tenant reports all issues to you first
• You decide whether to involve the HOA

Example: The Broken Gate Scenario

You asked:

✅ Best answer:
The tenant should notify you, and you contact the HOA.

Why this works:

• You maintain control and documentation
• You ensure the issue is properly escalated
• You stay in the loop if it becomes a bigger problem

You can allow tenants to contact the HOA for urgent issues—but only as a backup, not the default.

Key Lease Clauses to Include

You’re already thinking along the right lines. Let’s tighten and organize those ideas into something actionable.

1. HOA Compliance Clause

Make it clear that the tenant must follow all HOA rules:

2. HOA Fees & Fines

You nailed this concept—just make it explicit:

3. Communication Protocol

This is the piece you’re unsure about—define it clearly:

Optional addition:

4. Violation Notices

This is critical and often overlooked:

5. HOA-Provided Services Disclaimer

You mentioned water, cable, pest control, etc.—good to include:

6. HOA Documents Acknowledgment

This protects you:

A Subtle but Important Mindset Shift

It’s tempting to “pass through” HOA responsibility to your tenant—but legally, you usually can’t fully do that.

Think of it this way:

• HOA → You (owner responsibility)
• You → Tenant (contractual responsibility)

Your lease is what lets you recover costs or enforce behavior—but the HOA will still come after you first.

Final Thought: Keep Control, Reduce Risk

If you remember one thing, make it this:

👉 All roads should lead through you.

Let the tenant:

• Report issues
• Follow rules
• Pay for violations they cause

But you:

• Communicate with the HOA
• Track issues
• Protect your ownership