Most homeowners associations allow property owners to rent their homes to tenants. However, renting an HOA home to a third party can be tricky. While the tenant is a resident of the HOA community, they are not members of the HOA. For this reason, it is easy for the tenant to disregard association rules intentionally or out of ignorance. HOA rule violations can lead to significant problems down the line. This guide highlights what you need to do if a tenant disregards HOA rules.

Issue a Warning or Reminder

The first action to take if a tenant is ignoring your association’s rule is issuing a reminder to the tenant via the property owner. HOAs often correspond with tenants via the homeowner since the contract is between the HOA and the owner and not the tenant. After receiving the notice, the property owner is responsible for reminding the tenant about their obligations. If the tenant continues ignoring the reminder, the board can issue a warning in writing. The board may accompany the warning letter with a copy of the HOA’s rules and governing documents to ensure compliance.

Enforce HOA Rules

A tenant might ignore HOA rules because of a lack of enforcement. If the board is reluctant to enforce community rules, tenants might take advantage of this loophole to violate association rules. The only concern is that HOAs can only enforce association rules based on the declaration of Covenants, Conditions, and Restrictions (CC&Rs) and state law. In any case, CC&Rs are between the HOA and the property owner, not the tenant. The only time an HOA can enforce rules directly against a tenant is when the tenant acts in a way that risks public health, such as dumping toxic waste into water sources.

Take Legal Action

Legal action is the last action to take if a tenant is ignoring your association’s rules. You can engage an HOA attorney to resolve the issue amicably and reduce stress. A qualified attorney can advise the board on what actions to take if a tenant disregards your HOA rules and help settle the matter before it turns into a lengthy and costly legal battle.

Enlist Professional HOA Rental Restriction Services

If you are wondering what to do if a tenant refuses to comply with your association’s rules, you are not alone. Many HOAs have faced a similar problem. Fortunately, Enforcer Pros can help your association enforce HOA rules and ensure tenants comply. We provide homeowners association rental restrictions in Georgia and the surrounding areas. Contact us for professional help and to learn more about our services.

We understand that Covenant Enforcement is a tough job. We see people at their best and their worst, and still need to work diligently to get the job done.

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Location200 Hembree Park Dr. Suite I-1 Roswell, GA, 30076

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