Although not true for all renters, as a rule 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 in nature. As a result, they are generally less concerned about following rules.
Fining Tenants. CC&Rs will sometimes have a broad statement that the document is binding upon "each member, tenant, resident, and occupant" and each has a duty to follow the association’s governing documents. If so, penalties may be levied against tenants as well as owners for rules violations.
Hearing Notice. If the governing documents allow for penalties against tenants, and if the board intends to fine a tenant, hearing notices must go to the tenant as well as the owner of the unit so the tenant can defend himself/herself at the hearing. If the board intends to fine only the owner, the hearing notice must go to the owner but does not need to be sent to the tenant.
Tenant as Witness. If an owner is called to a hearing for the actions of his tenant, 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 a right to defend themselves. The tenant cannot dispute evidence presented at the hearing if he is barred from attending.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
