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- Newsgroups: misc.consumers.house
- Path: sparky!uunet!europa.eng.gtefsd.com!emory!swrinde!sdd.hp.com!elroy.jpl.nasa.gov!ufo!hayduke!nancy
- From: nancy@hayduke (Nancy Feagans)
- Subject: Re: Dispute with Home Owners Assn - Advice Sought
- Message-ID: <1993Jan28.193820.11117@jpl-devvax.jpl.nasa.gov>
- Sender: usenet@jpl-devvax.jpl.nasa.gov (For NNTP so rrn will be able to post)
- Nntp-Posting-Host: hayduke
- Organization: Jet Propulsion Laboratory (NASA)
- References: <kgeib.728184747@truckee> <1993Jan28.141316.6154@linus.mitre.org>
- Date: Thu, 28 Jan 1993 19:38:20 GMT
- Lines: 55
-
- In article <1993Jan28.141316.6154@linus.mitre.org> bwise@hemlock.mitre.org (Barry Wise) writes:
- >In article <kgeib.728184747@truckee> kgeib@truckee.qualcomm.com (Ken Geib)
- >writes:
- >> bsardis@netcom.com (Barry Sardis) writes:
- >>
- >> >I own a condo. I engaged a mangement company to locate a tenant.
- >> >This is the same company that manages the complex for the HOA. The
- >> >tenants have a dog and they keep it chained on the patio.
- >>
- >> >Some residents complained about the dog. The HOA CC&Rs do not allow
- >> >pets in the complex. There are lots of cats in the complex, roaming
- >> >free.
- >>
- >> >I have had conversations with the management company on the situation.
- >> >There have been some discussions and compromises. The management
- >> >company sends threatening letters and fines my account. I wrote a
- >> >letter asking for a dialog, but the next letter was more of the same
- >> >without even an acknowledgement of my letter.
- >>
- >
- >Did you sign the contract with the tenants yourself or through the management
- >company? If you did not inform the tenants of the restrictive covenants then
- >you are responsible for the situation. If the management company did the
- >contract for you they are probably liable for not informing the tenant of the
- >restrictions.
- >
- >The fact that other violations exist in the complex is not relevant to your
- >problem, just as the police not catching all speeders absovles you from a
- >speeding ticket. Why do you insist on breaking the covenants? Is there a legal
- >reason you can't comply? Why do they keep it chained on the patio? Does it
- >bark? Is it otherwise a nuisance (threatening, growling, making messes?). Why
- >didn't you tell them of the restictions? Did you think they don't apply to you?
- >
- >Obey the rules or get them changed.
- >
-
- I'm the President of a large HOA in Southern California and one thing
- we (The Board) insists on is that owners of rental units provide their
- tenants with a copy of both the CC&Rs and the Rules and Regulations. This
- is even stated in our governing documents. If the tenant breaks the
- rules, the owner is sent a warning (with a copy to the tenant); if the
- problem continues, the OWNER receives a fine; it is then up to the
- owner to pass along the cost to their tenant and to work to resolve
- the problem. Our management company only gets involved when we decide
- to levy fines after repeated occurances of the same offense. Keep in
- mind that it is the OWNER who is the member of the Association; not
- the tenant. Therefore, it is the responsibility of any owner who
- chooses to rent their unit to make sure their tenant understands that
- they, too, are bound by the CC&Rs and the Rules and Regulations.
-
- --
-
- Nancy J. Feagans (818) 306-6423
- Jet Propulsion Lab nancy@jpl-devvax.Jpl.Nasa.Gov
- "Not a shred of evidence exists in favor of the idea that life is serious."
-