HOA harassment

[sampit]

Jurisdiction

California

I am a senior renting in a senior community. Now the HOA is harassing me on two issues. First, they insist that I can use my garage only for parking, not for storing my stuff. My landlord initially said that if I parked on a city street and not on the HOA property, I should be fine. Apparently, this is not good enough for the HOA because they are giving me one week to empty my garage. My landlord also said initially that they will ask for a parking permit from the HOA for my second car but this never happened. Now the landlord's excuse is that this can happen only after I park my car in the garage.
The other issue is even more nefarious. My lease clearly states 2 occupants but when I had signed the lease, I had informed the owner that my children who go to college will be visiting during summer to stay with us periodically. It was ok with him at that time. However, every time my child comes over to stay for the summer, the HOA directors start emailing the board members and the owner, to the point that now my landlord says I am in breach of lease because my child is staying with us this summer. I feel they are snooping on me and it is invasion of my privacy.
I used to think that my landlord doesn't really have an issue with me but is only doing things at the bidding of the HOA board to cover his back. Now, I am not so sure. Till date, the landlord has not provided me a copy of the HOA rules that they were supposed to provide at the outset, so I really don't know how to fight back.
What are my options? My lease doesn't run out until another 5 months but I find this whole thing harassing and violating my privacy and rights. Any advice will be greatly appreciated.
Thanks.

 

[mightymoose]

From the way you describe it, it seems the landlord is responsible to the HOA, not you.
You never were provided the HOA terms or signed any HOA agreement?
Does your lease mention the HOA?
Do you pay dues to the HOA or does the landlord?
What do they propose is the penalty if you do not empty your garage? Apparently your landlord was ok with you using the garage for storage?
So long as you are not violating the terms of your lease, I suspect you can pretty much disregard the HOA and let the landlord deal with them. This could mean trouble for you in 5 months though.

 

[hrforme]

Sounds like there are deed restrictions in the HOA that the landlord is trying to let you get around, but the HOA is not. Check to see if the HOA has an online presence where the restrictions are online. Check with your county if not. They should have a copy and they should be open records. I suspect the HOA is not required to provide you a copy, but rather than landlord/condo owner.

I agree that you need to look into your lease about what it says about abiding by HOA restrictions -- it is very possible the landlord gave you answers you wanted to hear that were different than the restrictions. Unfortunately you shouldn't have signed the lease without demanding a copy at the time.

I have to wonder if issue #2 isn't also related to parking cars. Do your summer visitor children have cars they also park near/on property? By not using your garage for at least 1 car and using it for storage instead, you are taking up a space elsewhere that you were not meant to do. I have to suspect the HOA limits the amount of ongoing parking per condo honestly.

 

[Michael Wechsler]

There are a number of issues here.

1. You need to look at the terms of your lease and the Rules of the Homeowners' Association. The landlord's failure to provide them to you is unsatisfactory and, IMHO, would have a direct impact upon you. You are placed in a position of not knowing the rules and the landlord's failure to provide you a copy contributes to the likelihood of your unintentionally breaking rules. I'd raise that issue with the landlord.

Regardless of what the HOA rules actually state, the landlord cannot provide rights to you that are greater than he possesses and which are likely subject to the terms and conditions of the Homeowners' Association. If you have a remedy, it would be for money damages / reduction in rent and not being granted a right.

2. The HOA's desire to prohibit immediate family members from staying with you (such as your son) may be unenforceable under the law. It might be different if you had a studio apartment and had your 8 children living with you and zoning laws might limit the number of occupants. It's also not likely that such a rule is implemented because then that would prevent all other homeowners from having members of their own immediate family staying with them.

At this point you might unfortunately need to consider finding a new home in 5 months time. Good luck.

 

[sampit]

From the way you describe it, it seems the landlord is responsible to the HOA, not you.
You never were provided the HOA terms or signed any HOA agreement?
Does your lease mention the HOA?
Do you pay dues to the HOA or does the landlord?
What do they propose is the penalty if you do not empty your garage? Apparently your landlord was ok with you using the garage for storage?
So long as you are not violating the terms of your lease, I suspect you can pretty much disregard the HOA and let the landlord deal with them. This could mean trouble for you in 5 months though.

Thanks, mightymoose. The landlord is indeed responsible to the HOA and pays HOA dues. However, my lease stipulates that I have to abide by HOA rules, which I believe is standard language for the lease agreement. The HOA board had threatened the landlord with a $500 penalty for non-compliance unless corrected, which the landlord promptly nails to my head because I am supposedly violating the HOA rules.

 

[sampit]

Sounds like there are deed restrictions in the HOA that the landlord is trying to let you get around, but the HOA is not. Check to see if the HOA has an online presence where the restrictions are online. Check with your county if not. They should have a copy and they should be open records. I suspect the HOA is not required to provide you a copy, but rather than landlord/condo owner.

I agree that you need to look into your lease about what it says about abiding by HOA restrictions -- it is very possible the landlord gave you answers you wanted to hear that were different than the restrictions. Unfortunately you shouldn't have signed the lease without demanding a copy at the time.

I have to wonder if issue #2 isn't also related to parking cars. Do your summer visitor children have cars they also park near/on property? By not using your garage for at least 1 car and using it for storage instead, you are taking up a space elsewhere that you were not meant to do. I have to suspect the HOA limits the amount of ongoing parking per condo honestly.

Thanks hrforme for your advice. You are spot on. The lease does state I need to abide by HOA rules, which I believe is standard lease language. You are also right that the landlord gave me answers that I wanted to hear because he just wanted to get his unit rented in a hurry. My children don't have cars and use my cars when needed, so their parking is a moot issue. I would have thought that by parking both my cars on city streets, I should have been fine. However, they are still trying to enforce the garage storage rule which I would have thought is a non issue based on what my landlord said initially.

 

[zddoodah]

I am a senior renting in a senior community. Now the HOA is harassing me on two issues. First, they insist that I can use my garage only for parking, not for storing my stuff. My landlord initially said that if I parked on a city street and not on the HOA property, I should be fine. Apparently, this is not good enough for the HOA because they are giving me one week to empty my garage.

What sort of "stuff" are we talking about?

The other issue is even more nefarious. My lease clearly states 2 occupants but when I had signed the lease, I had informed the owner that my children who go to college will be visiting during summer to stay with us periodically. It was ok with him at that time. However, every time my child comes over to stay for the summer, the HOA directors start emailing the board members and the owner, to the point that now my landlord says I am in breach of lease because my child is staying with us this summer.

Sounds like it is a breach of the lease. You should have obtained the landlord's consent to your kids staying with you in writing -- in the lease itself.

I feel they are snooping on me and it is invasion of my privacy.

That's pretty much SOP for HOAs -- especially those in "senior" communities.

I used to think that my landlord doesn't really have an issue with me but is only doing things at the bidding of the HOA board to cover his back. Now, I am not so sure.

Doesn't really matter. The landlord is obligated to follow the rules and you, as his tenant, are also so obligated. While he may not care about some of the rules and whether you violate them, the HOA obviously does care.

What are my options?

The first step is to obtain a copy of the rules. If your landlord won't give them to you, ask someone with the HOA.

 

[Michael Wechsler]

However, they are still trying to enforce the garage storage rule which I would have thought is a non issue based on what my landlord said initially.

As stated above by @zddoodah , the HOA rules are what they are. If you believe that you were damaged by this revelation then your remedy is against the landlord. If he didn't provide you with the rules but asserted it was fine, then you can discuss a rent refund and abatement with him. If it was verbal you may find it difficult. And as to any fine assessed by the HOA upon the landlord as a result of HOA rules you allegedly violated, it makes for a difficult attempt to present you with the bill when the landlord himself didn't provide you with the HOA rules (which I'm assuming you asked for repeatedly.) What you may want to consider is documenting the above facts regarding the HOA rules (and a request for a copy) by setting forth these facts and a request in a letter and send it certified return receipt to the landlord.

 

[ElleMD]

If the lease is for 2 adults, that is the maximum that should be living there. Your children aren't just visiting, they live there when school isn't in session. Most leases prohibit adults from living in the dwelling who are not on the lease. A child with their own home who a few weekends a year comes visiting isn't a problem. An adult child living there for months at a time is.

If the garages are not permitted to be used for storage, rent a storage unit and move your stuff.