The following question comes from a website visitor from Oregon. We would like to thank our Partner, FirstService Residential, for providing the answer.
Q: We are a small HOA consisting of 22 homes, half of which are off-site owners who have rented out their units. At this time we are having a serious problem with one of the renters who is the son of the owners, but is not on the deed. We have a copy of the deed to verify that. This renter has consistently violated several of the CC&R’s. When confronted with those violations, the Board have be subjected to rude outbursts and threats from this individual. My question is: Are there any laws governing renters within an HOA here in Oregon or are our CC&R’s the only governing force? We have recently received a letter from the renter’s attorney “claiming” harassment because he has been warned to cure the violation and has ignored. This individual is a renter, it is my understanding we are to deal only with the owners, the persons on the deed, who are responsible for the violations of the renter of their home within the HOA. Please advise.
A: Generally, your homeowner association governing documents will discuss whether the association is able to evict a tenant or require an owner to do so if the tenant violates the governing documents. However, the association’s legal counsel is the appropriate person to assist the board with appropriate violations and resolutions to the renter’s behavior. Please contact your association’s legal counsel to obtain an understanding of your association’s governing documents and to provide you with the answers you are seeking after that review.
The information provided is not intended to and must not be construed as or relied upon as, providing professional, or legal advice of any kind on any issue. This information provided may change depending on the situation. For specific guidance about your community and market, please consult with an attorney or work with a certified community manager.
Please visit www.fsresidential.com to find your local FirstService Residential office.
