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My family and I have been renting a residence from a landlord for about 3 years now. During this time, we've received several parking tickets and had our cars towed for breaking association rules. In addition, we have received fines for trash issues and noise complaints.
With the above actions occurring, the Landlord has denied every request to receive the HOA rules and regulations. Basically, we've been living with not knowing what actions or issues will cause a fine by an Association.
The rental agreements don't indicate any liability for the tenant in regards to HOA rules and doesn't even include anything about the HOA at all.
I'm approaching the landlord with a 30 day notice to move out and their raising a fit about how I can't use my last month's rent as last month's rent and how it is technically a "security deposit" even though the rental agreement doesn't even include this amount at all and only refers to a monthly rental price.
What rights do I have as a tenant who has failed to receive any HOA rules or regulations from the landlord but have been subject to fines left and right by them?
In addition, the landlord does not have my last month's rent stored away and this is why I believe their changing their story to say it's a "security deposit". This buys them more time to be able to cover their payments on their mortgage. I plan on giving them a 30 day notice and notifying them that last month's rent should cover the last month's rent and the rental agreement does not indicate a security deposit. I'm wondering if my course of action would be justified.
Is it really worth the effort? Just pay your rent and then hopefully get your deposit back if you haven't caused any damage. I see very little upside and a whole lot of downside to this.
And why would you stay there for three years without the rules?
Is it really worth the effort? Just pay your rent and then hopefully get your deposit back if you haven't caused any damage. I see very little upside and a whole lot of downside to this.
And why would you stay there for three years without the rules?
Because I didn't know there was a law that gave a tenant the right to retrieve the HOA rules from the landlord. With the rental agreement not indicating that I am liable for breaking rules by the Association and never receiving updated CC&R's from the landlord, I did research and realized this goes against my rights as a tenant.
I'm asking what are my options now? Just pay the rent and move out?
You should consult an attorney so you can learn how to do this correctly. California may or may not have any laws specific to this situation, given the HOA issue. It is an uncommon situation for which you probably won't find much reliable help here.
My (non-legal) opinion is that the landlord had an obligation to notify you in your lease and to provide you with the HOA rules. You may be able to recover damages from the landlord for the costs you have suffered because he did not do so. He, as the property owner, is probably liable for the HOA fines rather then you as an uninformed tenant. I would venture to say that the HOA has no contractual relationship with you, so they cannot fine you, and they may have no right to tow away cars if they are parked on a public street. If you are in a condo situation where the streets belong to the HOA, it is a private property issue and they probably can tow.
The OP is a repeat offender and if you get ticket after ticket and noise complaints and living in a HOA, than either you are coming on this forum because you are not serious or you have no common sense if you really need to know what is allowed and what not...
basically call me stupid for even replying to this thread!!
The OP is a repeat offender and if you get ticket after ticket and noise complaints and living in a HOA, than either you are coming on this forum because you are not serious or you have no common sense if you really need to know what is allowed and what not...
basically call me stupid for even replying to this thread!!
The last thing you should ever do is try to formulate your own conclusions and post them on an open forum. I suppose you do this quite often?
1 noise complaint.
1 tow for parking in guest parking (first week of moving)
1 ticket for parking in guest parking. (second month of moving)
1 tow for parking on street but not being perfectly lined up. This is due to the other two vehicles in front and back parking weird ways and that was the ONLY space available. (6 months of moving)
1 fine for leaving trashcan out after it was picked up when I was on vacation (2 years of moving)
Mod Cut
A simple knowledge of rules and regulations would of allowed me to action differently in each situation.
According to the Fair Housing Authority their response was simple..."How can a tenant know what or what not to do if rules and updated CC&R's are not given?".
Thanks for dropping your opinion though.
Last edited by Ultrarunner; 01-05-2012 at 06:23 PM..
Reason: Rude Remark
You must be such an unlucky tenant getting all these things in such a short time frame...I'm impressed and sorry you had no clue about the rules and regulations. Usually tenants will know them after the first occurance and if you got towed or got a noise complaint or fined for a trashcan than you should know how to contact the HOA directly to find out what the rules and regulations are since they knew how to find you
In Fl. it is the LL obligation to provide the rules and regulations and LL are fined, not the tenant. Only if the LL has it in the lease that the tenant has to pay for the fine than it can be forwarded to the tenants as we have in all our leases where a HOA is in place. You might be better off checking the lease, maybe you signed the lease and included is in the lease that you have been provided with the rules and regulations...if so, you are out of luck!
BTW i do have an opinion and this is a forum where people let others know what their opinion or knowledge is and if you are not able to deal with it or it is too hard, than please don't read my post!
Quote:
Originally Posted by illicitx
The last thing you should ever do is try to formulate your own conclusions and post them on an open forum. I suppose you do this quite often?
1 noise complaint.
1 tow for parking in guest parking (first week of moving)
1 ticket for parking in guest parking. (second month of moving)
1 tow for parking on street but not being perfectly lined up. This is due to the other two vehicles in front and back parking weird ways and that was the ONLY space available. (6 months of moving)
1 fine for leaving trashcan out after it was picked up when I was on vacation (2 years of moving)
Mod Cut
A simple knowledge of rules and regulations would of allowed me to action differently in each situation.
According to the Fair Housing Authority their response was simple..."How can a tenant know what or what not to do if rules and updated CC&R's are not given?".
Thanks for dropping your opinion though.
Last edited by Ultrarunner; 01-05-2012 at 06:25 PM..
Reason: Edit Quote
In California, you are not permitted to use your security deposit as last month's rent. Are you able to prove that your paid "last month's rent" i.e. was anything noted on the memo line of a check you wrote for this, or was it written on a receipt you got from the LL, or is a security deposit referred to anywhere in your lease or rental agreement? If not, then this issue might have to be ironed out in court.
In many areas of California, the LL is NOT required, mandated or obligated to keep any security deposit or last month's rent in a separate account.
Most leases or rental agreements address the issue of a security deposit. What exactly does yours say?
During your 3 years of tenancy there, did you at all consider going to the HOA Board meeting or contacting the board members and requesting a copy of the CC&Rs ?
Were there any signs that said Guest Parking or Guest Parking Only ? If so, and you parked there, then you were in violation because you are obviously a tenant and not a guest.
As for the street parking problem you had, that would be a city issue, and not an HOA issue. I don't believe any HOA has the option to ticket or fine a car parked on a city street.
Seems like you had an opportunity to be more proactive about these issues during your tenancy.
Answering some of the clarifying questions I've posted may be helpful in problem solving the issues germane to your initial inquiry.
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