Q: Can a condo association force owners to evict their tenants?
I received a letter stating unit owners must terminate their leases with their tenants due to a leasing cap.
A:
Generally speaking, HOA’s authority is limited to oversight and enforcement of its members, the owners of the real property. The HOA has the authority to enforce its governing documents against its members, the owner who actually owns the real property. The HOA has no ability to enforce its Covenants, Conditions & Restrictions (“CC&Rs”) with regard to third parties, such as tenants. Thus, when a tenant fails to abide by the HOAs’ governing documents, the HOA has the authority to take action against the owner.
The HOA can certainly fine and make assessments against the owner for violations of the CC&R's And depending upon the terms of the Lease, between the owner and tenant, the owner could potentially pass through fines and assessments from the HOA to the tenant or evict the tenant for failing to comply with the terms of the governing documents if they are incorporated into the Lease. If the Lease does not include terms addressing the HOA and compliance with the governing documents, the owner may not be able to enforce the terms of the governing documents upon the tenant.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
