If you are a homeowner’s association board member, you know how important the various rules and covenants are to preserving the quality of life and home values in your community.
But what if a community member consistently ignores or purposely violates HOA requirements? Here are some potential options for dealing with a tenant who may be a nuisance neighbor.
1. Deny lease renewal
Your governing documents may state that the HOA has authority to approve or deny lease renewals. If this is the case, you may be able to deny a problem tenant’s renewal request once his or her lease expires.
However, this solution may only work if your board has consistently made similar decisions in the past about tenants who violate HOA rules.
2. Fine the home’s owner
Florida HOA law may also give your association the right to fine a landlord for both single and repeated covenant violations. However, the right to levy a fine, and the amount of the fine, may depend on whether your HOA has established an appropriate fine committee and has consistently enforced the specific rules violated under similar circumstances.
3. Terminate the tenant’s lease
If a tenant has a long-term lease, lease termination and eviction may be an option, provided that the language in your HOA’s covenants allows the association to file such a suit. However, even if your HOA has the authority, it may take months to complete an eviction action.
4. Pursue mediation
In Florida, “presuit mediation” may be a requirement if your HOA wants to bring a legal case against an owner. However, mediation may also have many advantages. In addition to providing the opportunity to settle out of court, this form of alternative dispute resolution may help all parties involved to find a creative, mutually agreeable result.