Re: Abused by HOA. Need help!

Having been on both sides of this dilemma over the years, I can tell you that the root of the problem rests in the fact that HOA has business relationship with you, but not your tenant. Their prop mgmt company manages the HOA's relationship with you, not the tenant, for which they generakky have no contractual agreement.

You, of course, have both a written agreement (hopefully) with the tenant and certain obligatory duties as a landlord.

And there's the rub. you're the stakeholder. AKA, stuckee, unless you've anticipated this problem as a risk to avoid.

Many years ago, in my first rental house, (in an HOA) while my tenant was traveling one weekend the guest bath toilet overflowed and flooded the house. No real damage beyond carpet, which would have had another couple of years life left in it, My insurance agent, unlike a good neighbor, pointed out the "we don't cover flooding" clause.

The tenant, shrugging her shoulders, told me how unfortunate it was, but that it "wasn't her fault." Of course, not. They never think it is.

Had I had a clause in my lease form THEN that stated the water damage was the tenant's responsibilty, and required the tenant have insurance, I might have avoided flooded house lesson #103.

As for the HOA mgmt company, in a perfect world, they probably would respond better, but 'hey, he's a landlord and doesn't want to be bothered. And besides, he can afford these things.' And this is how some people get on HOA Boards.

BTW, did I ever tell you how much I love investing in notes?

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