Welcome to Wyndham Hill

Every day, more people decide to rent property from within homeowners associations. Leasing units can earn a nice profit for landlords, but this business venture comes with risks for renters. If property owners belong to a homeowners' association, tenants may face unexpected issues. Some renters unknowingly break the HOA's rules and regulations. Others tenants learn they can only rent out the property for a short time. Homeowners may also pay hefty fines, because of their tenants' violations. 

A homeowners association is an organization that oversees a subdivision. They manage community housing developments including condominiums, townhouses, single family homes, and apartments. Members pay dues to maintain their landscaping and other public areas. The landlord can pass these expenses directly or indirectly through rent increases. 

The HOA requires property owners (Members) to follow the community Covenants, Conditions, and Restrictions (CC&R). These enforceable legal documents list what residents can do with their property. The organization has rules about colors you can paint your house and what type of landscaping is allowed. The HOA prohibits residents from having certain dog breeds,  and certain pets. The HOA has restrictions on street parking that you should be familiar with. 

The HOA bylaws regulate how the community chooses its Board of Directors. These rules also govern how the association operates its voting process and association meetings. 

Your landlord has access to the HOA Bylaws and CC&Rs through the Spectrum Association Management website (https://spectrumam.com/homeowners/). 

As a renter in the Wyndham Hill community, you should become familiar with the rules of the community. It will make your experience much more enjoyable and help create good relations with your new neighbors.

The lease stipulates who pays the HOA fees. The homeowners are responsible for these fees since the HOA can foreclose on the home properties if the fees are not paid.

Landlords usually include the HOA dues in the rent but talk to your landlord or check your lease to be sure. Amenity access is contingent upon all dues being paid and current.

The HOA expects both the renter and homeowner to abide by the regulations. Landlords must enforce the community's rules when tenants lease property from them. Homeowners must abide by the maintenance guidelines of the association.

An HOA may ask homeowners to take the following actions when renting their property to tenants.  

• Landlords should ensure renters follow all HOA rules in their rental agreements.  
• Homeowners should provide rental agreements with HOA rules to tenants. These legal documents ensure renters comply with the association's regulations. The contracts should contain the landlord's emergency contact information.  
• Property owners must give governing documents (CC&Rs) and HOA rules to tenants before they move in.  
• Homeowners are responsible for tenants' violations.  
• Renters must submit all requests to the HOA through the property owners.  

The owners transfer some rights when renters lease their property. These include: 

• Using the HOA's Common Areas - HOA government documents have provisions that require owners to surrender their rights to use common areas to their renter. Several court decisions have validated these restrictions. 
• Reviewing Association Records - Tenants can't request association records. HOA members can choose another person, like renters, to inspect and copy documents on their behalf.  
• Keeping Pets - Some HOAs allow members to house pets on their property. Some organizations don't specify whether their renters can keep them as well. Renters must ask their landowners before getting a pet. It is also important to know that certain dog breeds and certain pets are prohibited in the Wyndham Hills community.

There are several rights that HOA property owners (Members) cannot transfer to their tenants. These actions include:

• HOA Voting Rights - Tenants don't have the right to vote on behalf of another member. Only other association members can serve as a proxy.
• Attending Board and Membership Meetings - Only HOA members have the right to attend these meetings unless stated otherwise in the governing documents.  Most HOAs limit these meetings to members. Landlords can't name tenants as proxies. Only other members may assume these duties.  
• Suing the Association - Only the owner of the property can file a legal action against the HOA. Since the tenants are not property owners, they have no authority to enforce a CC&R or sue. - Martin v. Bridgeport Community Assn. (209)  
• Using Dispute Resolution Procedures - Association members can only use dispute resolution procedures. These rights don't extend to renters.     

Homeowners' associations can't take direct action against renters that break their CC&Rs. They must notify the property owner about the violation, and the owner must handle the issues.   

These organizations assess fines against the owner if the tenant breaks the rules. The owners can recoup the fine if it's outlined in the lease.  

There are a few exceptions to this process. HOAs don't need to contact landowners if tenants commit a crime. They can contact law enforcement, instead. The HOA can also tow renters' cars stored in violation of the CC&Rs. It is the tenants' responsibility to pay the associated costs.   

Citations

• https://www.rentecdirect.com/blog/hoa-guide/
• http://findhoalaw.com/renter-rights/
• https://homeguides.sfgate.com/laws-renters-homeowners-association-90043.html