Hi -

My tenant is leaving in a few weeks & my HOA has set a hearing to fine him for multiple violations. My concern is that they have been underhanded in the past, and have taken a long time to make decisions on things like this. If they drag their feet on rendering a decision on the fines, I won't be able to take them out of his deposit as provided for in the lease, as I have 21 days per CA law in which to return his deposit. So the nightmare scenario is a huge set of fines rendered long after he's gone & I have no leverage to get recouped.

Any advice on how to get the HOA to meet a deadline for a fine decision when there is nothing in the bylaws compelling them to?

Any input appreciated!

@Alan Bosca - Can you ask if they’ll waive the fines because he’s moved / moving out? That or call the President and ask for the fines to be levied ASAP. Until they’re issued, they don’t exist.

Like if they were going to fine you for abusing trash rules or something but you sold the house before they did, would the new owner have to pay?

Find out how much the fines are likely to be and take that amount out of the deposit. if the tenant challenges it the HOA will likely have made a decision by the time your tenant takes any action. Stall your tenant till you have a HOA decision.

Alternately you work with the HOA to move their decision along as fast as possible. If their decision is still not made in time you will have to charge the tenant anyway and work it out after the decision is made.

Better to not do your tenant any favours and work with your HOA to get it decided asap.

@Natalie Schanne Thx for the input. I was going to ask that they tread lightly to avoid legal recourse by the tenant if they try to run up the fines, but my main goal is getting a number so I can recoup.

Don't be concerned about the tenant. They did the crime, they pay the fine. Just hope it is not more than the deposit because that is all you have.

@Thomas S. Great advice - thx So if I took out a large amount as protection, the hope is that there will be an HOA decision during the process in whicn he objects to the withheld funds.

@Thomas S. Luckily I explicitly put that in my.lease that they'd pay fines - it's my understanding that it can be dicey collecting if not spelled out.

Originally posted by @Natalie Schanne :

Alan Bosca - Can you ask if they’ll waive the fines because he’s moved / moving out? That or call the President and ask for the fines to be levied ASAP. Until they’re issued, they don’t exist.

Like if they were going to fine you for abusing trash rules or something but you sold the house before they did, would the new owner have to pay?

yes, absolutely. Fines run with the Owner and property, HOA will collect.

@Alan Bosca despite what @Thomas S. said you probably cannot just tell the HOA to collect from the tenant. HOAs deal financially with owners - no one else. Your lease can state that the tenant pays all fines but it will be up to you to collect that money. An unpaid fine could result in an HOA lien on your property. Generally there is a set of guidelines as to how much fines are such as "$10 per day plus 18% interest after 30 days". You should be able to at least get that much info and create an "invoice" for your tenant based on that.

"despite what @Thomas S. said you probably cannot just tell the HOA to collect from the tenant"

I was not suggesting that the HOA should collect from the tenant. The landlord should determine how much the fines may be and deduct enough from the tenants deposit to cover those fines. Once the HOA makes it's decision the landlord might need to send the tenant a small refund.

Hey @Alan Bosca ,

In California, HOA's are required to mail out the fine policy for the HOA as part of the Annual Mailer (with the budget). From there, you can see what your tenant will be fined and use that as the justification to keep the amount of the security deposit. This can also be requested from the Manager or the Customer Service Team for the Management Company.

Thx - but is there anything requiring them to give the decision from the hearing within a specified time?

@Alan Bosca

https://www.davis-stirling.com/HOME/Notice-of-Deci...

They are required by civil code to provide a response within 15 days of the hearing.

Originally posted by @Ryan Darby :

@Alan Bosca

https://www.davis-stirling.com/HOME/Notice-of-Deci...

They are required by civil code to provide a response within 15 days of the hearing.

Thx Ryan - Does the 15 days run from the date of the hearing?  I thought technically that the board has to provide notice 15 days after they decide, but they had no time limit on the decision.  So iow they could meet Jan 1, decide Aug 1, then had 15 days to notify. 

Usually, the meeting to decide the fine can be anywhere from 10-90 days.

Most governing documents have a minimum number of days a homeowner must be notified but not a maximum.  The reason for the 90 days is that the Association does not have a benefit to hold off holding the hearing as it is normally the next scheduled regular Board Meeting.  In California, you are required to meet every 90 days to review financials.  At that time, the Association would hold the hearing.

Does you lease say that the teant is responsible for the violation?

I get that it's common sense...but I'd also assume these violations are attached and addressed to you the owner no the tenant.

@Matt K. Yes it’s in the lease.

@Alan Bosca , under California law, there are only a few legal reasons to withhold a tenant's security deposit. Breach of HOA rules is not one of them. Breach of a lease that causes you damage is a reason for withholding. You have not been potentially damaged until you have been actually fined or required to pay the fine. So, you may not have enough time to legally withhold a portion of the security deposit. Also, a judge will be looking for a connection between the language of the fine (reason given in the notice of the fine) and the tenant. It will be better for you if the notice of fine specifically references the tenant's actions.