I'm fairly uncertain of the laws regarding this

the case is if a HOA hands out a fine(s) to a residence that you are currently renting at - who is responsible for the fine - this would be in a case when fines aren't layed out/stated in the lease at all - this is mainly due to the fact that the HOA came up with the fine well after the lease was signed

if the renter refuses to pay the fine - would a lawsuit hold up in court holding the renter accountable

4/11/2006 12:39:17 PM

HOA?

4/11/2006 12:43:02 PM

home owners association

google

retard

4/11/2006 12:43:29 PM

4/11/2006 12:46:04 PM

whats the fine for? were you as renters notified of the covenants/rules set by the HOA? Did your landlord notify you if he was the one to get them?

If the landlord knew, and you didnt, and they're trying to charge you for it then I say its bullshit. If anyone should get charged it would be your landlord for not notifying you.

*BTW I'm on the HOA board for my townhouse community, and I wouldnt expect a fine to be paid by the renters if they werent informed.

4/11/2006 12:47:15 PM

generally i consider the HOA fees the property owner's responsibilty

they go to cover things like roofs, siding/painting, property maintenance

by definition the property owner, not a lessee, would be the only beneficiary of these services.

im not sure if NC law has anything in regards to the situation.

4/11/2006 12:49:27 PM

on one hand, what does it say about the HOA in the lease?

On the other, what did you/your house do to get fined?

4/11/2006 12:50:10 PM

shit. missed "fine" was thinking fee.

if you didnt sign anything acknowleging said fine or agreeing to abide by HOA reg's in general, you cant be held responsible.

4/11/2006 12:51:20 PM

if the fines arent paid the HOA has the right to put a lien on the property, thats never good

read through your lease very carefully

4/11/2006 12:55:44 PM

thats leverage against the property owner though, not the tenant.

read your lease carefully.

4/11/2006 12:57:32 PM

it depends on what the fine is for....under nc landlord tenant law some things are automatically considered tenant obligations and some are landlord obligations

4/11/2006 1:00:50 PM

NCSU's student legal services has a nice page on Landlord/Tenant stuff
http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/LandlordTenantHandout.htm

4/11/2006 1:05:09 PM

If you screw up, there is generally a warning. After that, a fine is levied. If it isn't paid by the tenant in a certain time period (sometimes this step is skipped), then the fine is sent to the property owner and they are supposed to pass it own to their tennants.

If you skrewed up, pay the damn fine. You did something wrong (most likely) to get the fine, so why try and pass the resposibility?

Besides they pay now, you will pay later. It generally isn't good practice to piss off your landlord.

4/11/2006 1:07:18 PM

I talked to the head of the HOA - the fines i'm talking about are at falcon ridge - referring to garbage containers being stored in the front of the property (where trash is picked up from) - they sent out a notice mentioning they will be fining for this $50 for anyone that continues to store their container in the front - currently everyone does - the fine will be sent to the home owner and not the renters

i'm wondering if the home owner has the ability to hand the fine down to the renter legally - if there was no mention of the HOA rules and regulation in the lease and no mention of any other fines incurred (this typically should be in a lease in my opinion - just happens to not be in this case)

i forsee pretty much everyone getting a fine

[Edited on April 11, 2006 at 1:55 PM. Reason : i have no security deposit that fines like this could be deducted from...]

4/11/2006 1:55:02 PM

Property owners are responsible for all fines not explicitly in the lease. However, you might want to double check your lease for a "cover all" fine policy.

4/11/2006 3:46:58 PM

They sent out fair warning. If it went to court, you would be forced to pay for "your breaking of the rules". The landlord should not pay for something you were given notice of.

4/11/2006 7:36:54 PM

being warned by a housing association that i'm not apart of means very little to me - and i'd have to imagine it means very little to the courts

4/12/2006 9:03:11 AM

I would say that whomever received the initial warning that said STOP DOING IT would ultimately be responsible for the fine.

If the owner got the letter, and failed to mention anything to the renter, its the owners fault.

If the renter got the letter and decided to still be a dickbag and continue making the neighborhood look like a trash recepticle storage center, then the renter should be fined.

[Edited on April 12, 2006 at 9:23 AM. Reason : .]

4/12/2006 9:22:27 AM

I live in Falcon Ridge too, and its really not that hard to take the trash can back behind the townhouse. Just do it, and you won't have to worry about any fines.

4/12/2006 10:37:53 AM

If you dont pay the fine the HOA does not have any recourse against you. They only deal with the unit owners. The landlord can attempt to come after you for the fine but he may have fucked up by not putting wording in the lease saying so. Either way if you continue the violation after you have been informed it is a violation you could get evicted. Move your trashcan.

4/12/2006 10:38:37 AM

i travel every week - i'm never home on thursday mornings - that's beside the point and has nothing to do with the topic at hand

4/12/2006 10:39:23 AM

Quote :

"if the fines arent paid the HOA has the right to put a lien on the property"

^^ they do have recourse against the home/property owner, which directly affects you as a tenant.

OmarBadu dont be that guy, and pay the fine because you WERE warned. You could be evicted from the property if you dont.

4/12/2006 10:49:43 AM

Quote :

"If you dont pay the fine the HOA does not have any recourse against you. They only deal with the unit owners. The landlord can attempt to come after you for the fine but he may have fucked up by not putting wording in the lease saying so. Either way if you continue the violation after you have been informed it is a violation you could get evicted. Move your trashcan."

&

Quote :

"OmarBadu dont be that guy, and pay the fine because you WERE warned. You could be evicted from the property if you dont."

i travel every week - Str8BacardiL probably posted too soon after my post though to notice that

if it's not in the lease agreement from what i can tell there is no legal recourse and thus there can be no eviction

4/12/2006 10:52:28 AM

can you say "forclosure" ? there's a bunch of legal bullshit involved, and it takes time, but if they really wanted to fuck with you to get that fine, and the fines that build up over time, they'll have you out of the property

And the landlord can evict you for not paying a fine

also

Quote :

"Check to see if the Landlord has written rules and regulations in addition to the lease. If so, review a copy before signing your lease. Many of the area Landlords will assess fines for "noise violations", trash violations etc. Many times there are Homeowner's Association Rules which will also apply."

from http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/LandlordTenantHandout.htm

dont think for a minute that you are magically exempt from the HOA covenants because you rent instead of own

[Edited on April 12, 2006 at 11:17 AM. Reason : .]

4/12/2006 11:16:12 AM

Quote :

"can you say "forclosure" ? there's a bunch of legal bullshit involved, and it takes time, but if they really wanted to fuck with you to get that fine, and the fines that build up over time, they'll have you out of the property And the landlord can evict you for not paying a fine also Check to see if the Landlord has written rules and regulations in addition to the lease. If so, review a copy before signing your lease. Many of the area Landlords will assess fines for "noise violations", trash violations etc. Many times there are Homeowner's Association Rules which will also apply. from http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/LandlordTenantHandout.htm dont think for a minute that you are magically exempt from the HOA covenants because you rent instead of own"

i normally would to assume you read the first post since you are replying - but in case you missed it - i'll repost

Quote :

"this would be in a case when fines aren't layed out/stated in the lease at all"

[Edited on April 12, 2006 at 11:19 AM. Reason : .]

4/12/2006 11:18:42 AM

yeah, that shit would hold up in court, and the judge will make you pay that wimpy $15 fine

doesnt your lease say anything about the HOA rules? You were made aware that your community had a HOA with rules/regulations right? not just specifically the fines, but the lease should say something about the HOA right?

[Edited on April 12, 2006 at 11:25 AM. Reason : .]

4/12/2006 11:24:09 AM

i knew that there was a HOA - i own a different condo in the raleigh area

the lease says nothing regarding the HOA rules/regulations

[Edited on April 12, 2006 at 11:25 AM. Reason : lazy/lackadasical landlord]

4/12/2006 11:25:04 AM

well, good luck with the landlord if you do get a fine for it

4/12/2006 11:29:00 AM

this is why all townhomes should use dupsters

4/12/2006 5:31:49 PM