What to Do with a Tenant Who Consistently Breaks HOA Rules
The wisest way to approach a violator of HOA rules is the least confrontational and least costly. For, example the rule-breaking behavior should be brought to the board’s attention. At which point, a friendly conversation concerning the issue takes place, and if the party committing the infraction is made aware, often the problem is solved then and there.
But what if the violation(s) continue?
But first a brief aside: small, seemingly mild violations often lead to bigger ones if they are not dealt with. Back in the 1990’s in New York, Mayor Giuliani implemented the “broken windows policy.” Put briefly the policy stipulates that if you allow minor crimes to go unpunished (like breaking a small warehouse window, fare hopping on the subway, etc.), soon the vandals would likely feel emboldened and steal something from the warehouse, or even set it ablaze. The NYPD dramatically stepped up its arrests for a whole host of minor crimes. The result of the strategy was that minor crimes plummeted, as did more serious ones. The culprits realized that all laws would be enforced – and thought twice before breaking the law. The overall crime rate went down dramatically.
Granted, the usual infractions in a housing development are generally not as serious as even the minor crimes referred to above. But the lesson and logic are the same – small infractions may lead to more serious ones. If an HOA board doesn’t enforce even minor rules, the lesson could be for some problematic residents, “that anything goes.”
Here the board needs to be consistent – all rules should be enforced. Otherwise, apathy and infractions will reign. Also, if the HOA board only enforces some regulations, they may be leaving themselves open to a lawsuit.
If the “gentle” approach doesn’t work, this is a good time to consult state law to determine if an actual law is being broken (not just a HOA regulation). An example might be a resident who is dumping pollutants in a community pond. This would constitute a health risk, and law enforcement should be brought in.
Alternately, if it is only an HOA rule that is being violated (not a law), the board should consult the governing documents for solutions. If the documents require the association to renew or deny lease renewals, it might be wise to take the course of least resistance and expense, and simply wait for the lease to expire, and then deny the renewal. But to succeed in this (and alluded to earlier) it is important that the board has been consistent with other tenants who may have committed the same offence.
Secondly, if it’s an investment property, the HOA can fine the owner, if that option exists in the HOA covenants. Nothing annoys an investor more than an expense which impacts his revenue stream.
If these methods still don’t solve the problem, the most drastic move would be eviction. This option means hiring an attorney – so it can be expensive. Additionally, an eviction court battle can take many months.
On the other hand, when confronted by an attorney’s letter, the violator may very well shape up – taking it far more seriously when he realizes that this matter, if handled through the courts, can be expensive for him, as well.