Q: What legal action can I take if a property management company neglects to enforce on violations stated by the HOA?
I have made complaints about a tenant that has violated HOA policy where wooden floors are not allowed to be installed on the 2nd floor unless approved. And bikes being left out in a carport, where it shouldn't be. Our property management company has failed to enforce or address this issue with the tenant so far. Would this warrant any legal action to sue for negligence?
A:
If your property management company is neglecting to enforce HOA rules and regulations, you may have legal options to address the situation.
Here are some steps you can take:
Review your HOA bylaws: Review your HOA bylaws to determine the steps that must be taken to enforce the rules and regulations. If the property management company is not following the correct procedures, you may be able to file a complaint with the HOA board or escalate the issue through other channels.
Document the violations: Document the violations by taking photos, writing down dates and times of the violations, and keeping any written correspondence with the property management company.
Send a written request: Send a written request to the property management company, outlining the violations and requesting that they take action to enforce the rules and regulations.
File a complaint with the HOA: If the property management company continues to neglect their duties, you may want to file a complaint with the HOA board.
Consult with an attorney: If the property management company's negligence has resulted in damages or other legal consequences, you may want to consult with an attorney who specializes in real estate law. They can advise you on your legal options and help you pursue legal action if necessary.
It's important to note that suing for negligence can be a complex and expensive process. Before pursuing legal action, it's a good idea to exhaust all other options and consider the potential costs and benefits of pursuing legal action.
A:
Your HOA board can probably fire the property management company.
In most contracts between HOAs and PMCs, there is a provision that requires notice of default and provides an opportunity to cure. So be sure to read the contract carefully.
If you don’t understand something, schedule an appointment with a real estate attorney with experience handling disputes with property management companies. A short $500 consultation can help you better understand your HOA’s rights and responsibilities under your contract.
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