Leasing Your Unit? Edit page

If you are renting your unit, below is useful information regarding how issues and questions for the Association must be submitted to Management and/or the  Board of Directors, who is responsible for a tenant's actions, etc.

What is a Condo Association?

A condominium  association is an organization that oversees a subdivision. They manage community housing developments including condominiums, townhouses, single family homes, and apartments. Members pay dues to maintain their landscaping and other public areas. The landlord can pass these expenses directly or indirectly through rent increases.    

Condominiums associations must follow the Fair Housing Act. This rule means they can't prohibit certain people from renting a home.   

What are CC&Rs and Bylaws?

COAs require property owners to follow their covenants, conditions, and restrictions (CC&R). These enforceable legal documents list what residents can do with their property. The organization may have rules about colors you can paint your house. They might prohibit residents from having pets. Their group can restrict parking in specific areas.      

COA and HOA bylaws regulate the community chooses its Board of Directors. These rules also govern how the association operates its voting process and association meetings. 

Who Pays the COA Fees: Renters or Landlords?

The lease stipulates who pays the COA fees. The homeowners are usually responsible for these fees since COA can foreclose on the home properties if tenants refuse to pay them.

Landlords usually include the COA dues in the rent. Sometimes, the lease requires tenants to pay the association dues directly.     

The Landlord's Responsibilities in COAs

The COA expects both the renter and homeowner, to abide by the regulations. Landlords must enforce the community's rules when tenants lease property from them. Homeowners must abide by the maintenance guidelines of their association.

For example, an COA may demand a property owner to paint their home's exterior once a year. The landlord maintains the property, not the renters.  

An COA may ask homeowners to take the following actions when renting their property to tenants.  

• Landlords should ensure renters follow all COA rules in their rental agreements.  
• Homeowners should provide rental agreements with COA rules to tenants. These legal documents ensure renters comply the association's regulations. The contracts should contain the landlord's emergency contact information.  
• Property owners must give governing documents (CC&Rs) and COA rules to tenants before they move in.  
• Homeowners are responsible for tenants' violations.  
• Renters must submit all requests to the COA through the property owners.  
• Some COAs have regulations about how long tenants can lease a property. They can also limit the number of units that landowners rent.       

Four Transferable COA Rights to Renters  

The owners transfer some rights when renters lease their property. These include:

• Using the COA's Common Areas - HOA government documents have provisions that require owners to surrender their rights to use common areas to their renter. 
• Reviewing Association Records - Tenants can't request association records. COA members can choose another person, like renters, to inspect and copy documents on their behalf.  
• Serving on an COA Board - COA governing documents may prohibit non-members to serve on its board of directors. If there are no restrictions, renters can serve on the board.  
• Keeping Pets - Some COAs allow members to house pets on their property. Some organizations don't specify whether their renters can keep them as well. Renters must ask their landowners before getting a pet.   

Four Non-Transferable COA Rights

There are several rights that COA property owners cannot transfer to their tenants. These actions include:

• COA Voting Rights - Tenants don't have the right to vote on behalf of another member. Only other association members can serve as a proxy.
• Attending Board and Membership Meetings - Only COA members have the right to attend these meetings unless stated otherwise in the governing documents.  Most COAs limit these meetings to members. Landlords can't name tenants as proxies. Only other members may assume these duties.  

Who Takes Action Against Renters that Break COA Rules?

Owners' associations can't take direct action against renters that break their CC&Rs. They must notify landlords about the violation, and the owners must handle the issues.  

These organizations assess fines against the landlord if the tenant breaks the rules. The owners can recoup the fine if it's outlined in the lease.  

There are a few exceptions to this process. COAs don't need to contact landowners if tenants commit a crime. They can contact law enforcement, instead. The group can also tow renters' cars. It is the tenants' responsibility to pay these fines and towing fees.