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Is the tenant responsible if the landlord does not pay hoa fees?
Wiki User
∙ 10y ago
An astute board will step into the revenue stream that the tenant pays to the owner. This is a legal matter and is done with association counsel.
This should have no effect on the tenant, except that the rent check is paid to the association's attorney and not to the owner.
Wiki User
∙ 10y ago
Wiki User
∙ 10y agoRead your lease and pay the rent accordingly.
An association collects assessments from owners. If the association has not legally stepped into the revenue stream created by your rent payments, you are not obligated to pay the HOA.
Properly, the HOA must work with association counsel to notify you formally that you pay rent to the attorney who accepts it on behalf of the HOA, instead of paying your landlord.
Wiki User
∙ 10y agoMost associations document the requirement that a tenant live in the community as though s/he were an owner, except that the tenant cannot vote. But the owner remains the primary, legal person responsible for paying assessments.
There are, however, situations when an owner doesn't pay assessments, and the association has tried several other tactics to obtain payment, to no avail. Then, the association can 'step into the revenue stream', and collect rent from the tenant, deduct the amount the owner owes, and pay the remainder to the owner.
The tenant must receive a letter from the association's attorney to verify that paying the association directly is a legal obligation.
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Can an apartment landlord in Texas charge fees not in lease such as paper billing and HOA fees?
It is unseemly that a landlord can charge a tenant for other than the items listed in the lease. You can pay them and take your landlord to landlord-tenant court for reimbursement, or you can approach a landlord-tenant advocacy to find the answer that you want.
Who pays homeowner assoc. fees the mortgage holder or the deed holder?
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Can a landlord ask the tenant to pay hoa fees in order to use amenities?
The tenant may not be liable to pay any expenses not documented in the lease signed with the owner.
If HOA requires owners to power wash decks can an owner landlord hold tenant responsible and charge a fine if tenant does not power wash the deck?
The landlord is required by HOA, I'll suspect, to mow the lawn, too. The lease may require that you mow it. If the landlord expects you to power wash your deck, that will have a similar clause in your lease agreement. If the lease places the responsibility on the tenant, you signed the lease and it is a contract. If it isn't there, you can probably argue successfully that it isn't your responsibility. If the landlord provides access to a power washer and provides training on how to properly perform the power washing and has that responsibility spelled out in the lease as the tenant's responsibility then you had better get to washing or hire one of the landlord's service providers to do it.
Who is responsible for hoa fees when foreclosure occurs?
The titled owner is responsible for HOA assessments, whether it be the fore-closed-up owner or the bank -- when the bank takes over title to the property.
Is the bank liable for Taxes and HOA fees on foreclosed homes in Florida?
The titled owner is responsible for taxes and assessments: if such an owner is a bank, the bank is responsible.
Can a HOA in California fine non-home owners?
The governing documents under which the HOA operates is specific about its fine schedules, its fine process, violations that earn fines and its reach to levy fines. Usually, fines are levied against owners, and may be based on a tenant's violation of the governing documents. In this case, the fine could become a landlord-tenant issue that the owner must resolve with the HOA.
Can a HOA lock out a tenant if home owner has unpaid HOA fees?
In several words: Yes, and It All Depends. The governing documents must specify that locking out a tenant is one option it can execute -- and one that is well known, documented and legal in your state -- to leverage an owner who does not pay assessments into paying them. If, however, the tactic is not well known, documented and/or legal in this state, the tenant may have a cause of action against the HOA. In this case, the owner enjoys a revenue stream from the unit, which has its operating expenses paid by assessments. So it's reasonable that the HOA use the relationship with the tenant to leverage payment of assessments. Locking out the tenant should be one of the final acts that the HOA takes, after notifying the owner of being in arrears, denying the tenant access to amenities, filing a lien on the unit's title, calling the owner and asking for payment and even stepping into the revenue stream, so that the assessments are paid to the HOA by the tenant's rent. It's also possible that the HOA can sell the unit to recover the monies owed by the owner.
In Florida how much can a HOA charge in fees for paying HOA fees late?
You can find the answer you want in your governing documents.
Can a landlord charge back fees like HOA or pest remediation for the prior 14 months once a lease is terminated?
It may depend on how the lease was terminated but unless the charges are based on a previous agreement, the landlord cannot spring this on you.
When purchasing a home who is responsible for past due HOA fees - buyer or seller?
The seller should pay up to and including the day of closing.
Is HOA responsible for property maintenance between fence and street in the US?
Read your governing documents to determine the boundary that defines ownership of the strip in question. If the HOA owns it, the HOA is responsible for its maintenace. If not, then whoever owns it is responsible.
