Violation of HOA rules: Pass fine to tenant?

Question

Rookie question, hope someone can help. I received a letter from the HOA about a violation of the rules - there is an oil spill in the property driveway. I got a $75 fine and need to clean up within 2 weeks.

Is it legal for me to pass on the fine to my tenant? I assumed it is but want to be sure. The lease agreement has a clause that acknowledges that the property is part of an HOA and that tenant indemnifies the landlord from non-performance ("hold harmless" clause). How would I do that - send them a formal invoice or request, or can it be less formal like a simple email?

Thank you!

Tim Baldwin · Answer

Your state laws may have a provision on point but maybe not. Then it's up to your lease agreement. Notifying the tenant about an HOA may not be enough. The lease should state that the tenant is obligated to comply with HOA rules. That said, if the tenant caused damages, the tenant can be held liable for the repair costs. The $75 fee may small in comparison to repair costs. Best wishes.

Paul De Luca · Answer

@Calvin Rappard

Depends, did your tenant cause the oil spill or did it come from someone else? What does your lease say regarding maintaining common areas or the property in general?

If you provided the tenant the HOA rules & regulations prior to moving in, then I think they should be responsible for paying the fine.

Chris Seveney · Answer

Along with the lease saying its in a HOA, did you provide them with the HOA rules and regulations. That is two different things. If you did not, they could argue they were not aware they could be fined for this (hard argument but one an attorney could still argue).

I would call them first, let them know you are sending it and then send it via email and regular mail.

Matthew Paul · Answer

Pass it on to the tenant , by letter and email . ( This is why I wont buy in a HOA )

Violation of HOA rules: Pass fine to tenant?

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