Updated almost 6 years ago on . Most recent reply
Chimney inspection mandated by HOA
The house I'm renting out is part of HOA. I'm trying to get the fireplace chimney inspected as mandated by the HOA by-laws. Tenants are not able to provide access due to their own schedule. The inspection is due soon! I'm trying all my best to avoid fines but in case the tenants can't provide access to the chimney inspector before the due date, can I pass the $50 in HOA fines to them?
Most Popular Reply
It depends on what your lease says. Does your lease say that fines will be passed on?
What I would do is give notice to enter as far in advance as the law requires and then just enter and inspect even if they aren't home. We have a line in our lease that says fines by the town will be passed on. We also have language that specifies that for fire inspections entry will be made even if they are not present. I go over with them on lease signing that they cannot restrict access to only when they are home. I would let the tenants know this is required and they may be responsible for the fine if they don't allow entry. Check texas law but I believe you would be within your rights to inspect even if they are not home, it is a required safety inspection.