HOA bills my tenants' parking tickets to me.

[Hefeweissen]

First of all, I hope I picked the correct category for this question. If not, I'm sorry, admin feel free to move it to the right area.

About in 3 months after my tenants moved in, I received 6 parking violation tickets from the HOA, because tenants parked on the side of the street overnight. HOA regulations state that no vehicle can be parked on the side of the street after 11pm. There are a few problems with that:

1. Security officer who grants tickets does not provide the copies to the violators. All tickets are gathered and mailed all together to the property owner once per month. That's why I got 6 tickets ($50 each) within 2 weeks and the tenants didn't have a clue about the violations.
2. I am a property owner who lives in a different state can not be responsible for my tenants parking violations within the community. At least I don't see any logic in it. I tried to appeal, but no luck.
3. A the bottom of each ticket is stated that if further violations occur, the vehicle will be towed without a notice at the owner's expense. But they won't tow it, they will rather make the easy buck. And they bill it to me - not to the vehicle owner.

Yesterday I received 2 more tickets for parking on the lawn (front yard). Again, my tenants have no clue of the violations and probably will be repeating the same thing until my management company calls them.

If tenants commit a crime - they will go to jail, not me, so why am I'm charged with parking violations if I didn't do it and it's not my vehicle? Is there a way to legally argue against the HOA regarding these rules?

Thank you!

 

[dee_dub]

2. I am a property owner who lives in a different state can not be responsible for my tenants parking violations within the community. At least I don't see any logic in it. I tried to appeal, but no luck.

If tenants commit a crime - they will go to jail, not me, so why am I'm charged with parking violations if I didn't do it and it's not my vehicle? Is there a way to legally argue against the HOA regarding these rules?

If you're responsible for your tenant's parking violations, it is because the HOA bylaws say so. You might ask them to point out the section rendering you liable, but don't be surprised when they quote you chapter and verse. It's not uncommon for HOA owners to be liable in these circumstances.

3. A the bottom of each ticket is stated that if further violations occur, the vehicle will be towed without a notice at the owner's expense. But they won't tow it, they will rather make the easy buck. And they bill it to me - not to the vehicle owner.

That's might be something to press them on. I'm curious under what authority they tow. If the bylaws require the HOA to tow after repeat violations, then you can get on their case for not properly enforcing the rules.

 

[Hefeweissen]

Thank you for the prompt reply. I will definitely email the HOA questioning both cases you mentioned. Thanks again!

 

[Duranie]

You need to have a chat with your tenants and let them know about the parking restrictions. Technically this is your responsibility. If you rent to yo-yo tenants who are careless in their parking they will go after you. This is why so many HOA's frown upon renting out units especially when the owner lives out of state.

Let the tenants know they will be billed from you to get these paid and it will be added to their rent. Send them a certified letter of the parking laws and all the bylaw's and tell them they are responsibly for these tickets being paid.

 

[Hefeweissen]

Thank you Duranie!

My management company is trying to handle that part, but so far I had 8 tickets and the tenants haven't paid a single one yet. They've been good on paying rent, but not the tickets. Can this be added to their rent and if not paid in full within certain time used as grounds for eviction notice?