HEARINGS ON RENTER VIOLATIONS

Although not true for all renters, renters as a group tend to violate association rules more than owners. Renters do not have an ownership interest in the property and tend to view their residency as transitory in nature. As a result, they are generally less concerned about rules enforcement.

Hearing Notice. Hearing notices regarding violations should go to the owner of the unit. The owner may invite the tenant to attend the hearing but that is a matter between the owner and the tenant. Regardless of who attends the meeting, the board should review the evidence and make its decision regarding any rule violations based on the evidence presented.

Fines Against Owner. If the board levies any fines, they should be levied against the owner rather than the tenant. The association does not have a contractual relationship with the tenant that would allow it to collect fines from the tenant. Once the owner is fined for the actions of his/her tenant, the owner can bill the tenant for the fine. However, that is a matter between the owner and the tenant and may be subject to the terms of the lease agreement between the two.

Updated by ADAMS KESSLER 6/30/2008