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My tenant has been voilating the HOA rules. Am I to pay the fine?

Customer's question: My Association has sent me violation letters that my tenant has committed in the past 5 years. And violation penalty fee has added up to 3800.  Am I allowed to request my tenant to pay this fees?

Lawyer's answer: For violations that were also part of the lease - the tenant may be responsible for them.

For violations not part of the lease - the tenant can only be held responsible if he KNEW or SHOULD HAVE KNOWN that doing/not doing something would have resulted in a fine to YOU. This is hard to prove, of course. The fact that the tenant did not forward the violations to you suggests maliciousness or willful ignorance on his behalf, which can be argued to make him more complicit. However in the end, it is the Court's decision.

Customer's question:
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Resolved Question:

My Association has sent me a violation letters that my tenant committed past 5 years

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

It’s in Ca

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

And violation penalty fee is added up to 3800

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Am I allow to request my tenant to pay this fees?

Submitted: 9 months ago.
Customer reply replied 9 months ago
HOA have been sending a violation letters to physical property and my tenant never have send me these letters.
Customer reply replied 9 months ago
I asked board of directors to waive this fees but unfortunately they denied my request. I want to ask my tenant to pay this fines but wondering if I can ask her to pay and if we were to go to housing court, what would be the result?
Answered in 17 minutes by:
11/22/2017
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,584
Experience: Attorney
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. Please tell me what the violations are for, specifically? And, whether you included in the lease NOT to do those things (or do them)?

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Customer reply replied 9 months ago
Violations were like placing objects in front door
Customer reply replied 9 months ago
On our lease contract does not have anything like that
Customer reply replied 9 months ago
Our HOA does not allow these and I never received any violation notice because my tenant never sent me

Thank you.

I am sorry to say that the answer is subjective.

For violations that were also part of the lease - the tenant may be responsible for them.

For violations not part of the lease - the tenant can only be held responsible if he KNEW or SHOULD HAVE KNOWN that doing/not doing something would have resulted in a fine to YOU. This is hard to prove, of course. The fact that the tenant did not forward the violations to you suggests maliciousness or willful ignorance on his behalf, which can be argued to make him more complicit. However in the end, it is the Court's decision.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 9 months ago
Question again, if this violations were caused by Tenant

That does not matter - unfortunately, the owner is ultimately responsible for the violations on the property even if caused by a tenant.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
What responsibility do I have as a owner
Customer reply replied 9 months ago
Violations that caused by Tenant and am I still responsible for these fines?

Yes.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Thanks

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,584
Experience: Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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