HOA Charging fees for parking to home, rather than car owner

6 Replies

Hello there,

Summary: HOA charging for cars parked on tight street, wrong side of curb across from my property. Tenant is implicated by the HOA and warned verbally 3 times (as is required by the HOA CC&Rs) then fined. Fine must be paid by us as homeowner/landlord. Tenant admitted but then later denies the violation - claiming it was other's cars. Upon second violation, tenant talked to HOA rep directly and learned that HOA would not talk to him, it's on the landlord to resolve.

Any advice in cases like this one?  It feels like multiple wrongs:

1. HOA tried to enforce violation on city street parking to the homeowners.

2. Tenant violates parking multiple times, at first pays - now refuses.

Thoughts/advice?

Thanks,

Fairly straight forward situation. Tell the tenant he must pay the fine or you get rid of him. 

You will need to know your state landlord tenant regulations to determine the process to either evict or non renew his lease. Your state codes will also include info on whether you can force him to pay the fines.

Not sure if there's a good way to resolve the current situation, but moving forward you include a clause in the lease that the tenant is liable for any HOA fines. If the HOA forces you to pay the fine you could keep it out of their security deposit.

I'm not sure if this is even legal, but the last lease I personally signed had a clause for a fine from the landlord if we even received a complaint from the HOA.

If the cars are parked on a public roadway , not owned or leased by the HOA , they dont have any right to fine , or say anything about the parking .

I'm guessing this is a private street, in the hoa development.  Yes, you as the owner are responsible to the hoa for fines/violations created by your tenants.  I would assume that the hoa would have pictures of the parking violations.

I have terms in my lease that cover this. For one, any fine incurred by the tenant from the city must be paid by the tenant. If I had properties in the HOA, I'd include HOA fines, too. Second, my lease says any money received by me is applied to items like fines first. So, if the tenant pays rent but refuses to pay the fine, I use the rent to pay the fine then evict for non-payment. I also do only month to month leases and a situation like this would result in lease termination as soon as allowed.

That assume the fine is legitimate on the part of the HOA. I'd verify that, first. If not, that's a different problem.

Ensure your lease agreement clearly states the tenant is responsible for any fines caused by their violation of the rules.

Does your HOA have evidence to back up their violation claim? License plate #? Photos? I would be hesitant to pay a fine without evidence it was my tenant.

Join the Largest Real Estate Investing Community

Basic membership is free, forever.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.