Renter Violations
Although not true for all renters, renters tend to violate association rules more than owners. Renters do not have an ownership interest in the development and tend to view their residency as transitory. As a result, they are generally less concerned about following rules.
Fining Tenants. CC&Rs sometimes include a broad statement that the document is binding upon "each member, tenant, resident, and occupant," and that each has a duty to follow the association’s governing documents. If so, penalties may be levied against tenants as well as owners for rule violations.
Hearing Notice. If the governing documents allow penalties against tenants and the board intends to fine a tenant, hearing notices must be sent to the tenant as well as the unit owner so the tenant can defend himself/herself at the hearing. If the board intends to fine only the owner, the hearing notice must be sent to the owner, but need not be sent to the tenant.
Tenant as Witness. If an owner is called to a hearing for his tenant's actions, the board cannot prohibit the tenant from appearing with the owner. Even though the board will be fining the owner, the fines are because of the tenant's behavior. Due process requires that the owner and tenant have the right to defend themselves. The tenant cannot dispute evidence presented at the hearing if he is barred from attending.