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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.
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∙ 13y ago
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What is a pre foreclosure home?
A pre-foreclosure home is a home in which the owner is in immediate danger of losing their home, possibly due to unpaid loans or mortgages, but has not lost it yet.
Why does a tenant need property damage insurance?
Your land lord is not responsible for any damage to or loss of personal belongs. This is why you would want to get renters insurance. The owner of the home should have it covered with "Home Owner's Insurance", which doesn't cover a tenant's belongings should there be a fire, etc. Renter's Insurance covers the tenant's belongings. Without it, a tenant would not be eligible for a claim and would not be able to recoup any losses.
Isn't every home owner a life tenant?
Legally, a life tenant is someone who has rights to the house only during their lifetime. A life tenant cannot leave the house to anyone by will because they do not have complete rights to the house.
How can you file foreclosure on owner financed property in Texas?
I sold my home with contract for deed tenant not making any payment who i can get back my home who i can evict him from my home
Do you pay your home owners fees to your property management company?
Yes, you pay your home owners fees to your property management company. Read more at www.33rdcompany.com/Owner%20FAQ.html
Can you sue a neighbor if you fall on ice in front of their home?
Yes, generally. It is the legal responsibility of a home owner or tenant to clear the sidewalks and paths that border their property.
Are condominium fees tax deductible?
When you live in a condominium, you pay assessments which your board budgets each year to pay operational expenses for the community. These expenses are not typically tax deductible by an owner who occupies a unit. In your state, in your tax situation, best practices dictate that you consult with your tax attorney to identify whether or not assessments are deductible from your tax bill. Optional fees, such as amenities-use fees may be treated differently by your tax adviser in your situation, especially if you pay the fees for the benefit of a tenant and your condominium is an investment and not your home.
