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jennifer425 · Feb 22, 2009, 06:36 PM

I've been living in a wonderful rental for about 6 months in an 18 month lease. In the first month (after I moved in) I found out it was going into foreclosure. Neither the landlord nor the real estate agent whom I rented it from informed me of this (I found out through mailings sent "to homeowner" from various attorneys) The owner assured me that it was temporary and I believed him. I love the place and would love to stay here for the duration of the lease. The problem now is that the owner has never paid his HOA fees (since he purchased it over 2 years ago). Additionally, the shutters on the home are in disrepair and neighbors have been quipping about how it's "bringing down the neighborhood." I've been called twice now from the HOA's attorney. I've given this attorney my landlord's contact information. The HOA's board has discussed the issue at several board meetings, which my husband was asked to attend. The board seems to think that they can garnish our rent if the landlord continues as he has, not to pay the fees. Our landlord has told us that we can get the shutters repaired and deduct it from the rent. This is fine with us and we've told the HOA board of this intent. However, and I can understand their frustration (being a homeowner/landlord in another state who also belongs and pays fees toward an HOA) and growing resentment toward us--the only face of the property, they have assured us that the HOA is going to start garnishing our rent as a result of our landlord's refusal to pay. This could potentially draw him back towards foreclosure, affect our current lease, and inadvertently leave the community with an empty, even worse off property. Can the HOA dot his?

Fr_Chuck · Feb 22, 2009, 07:10 PM

Can you tell us the country that you live in, and if the US what state.

ScottGem · Feb 22, 2009, 07:36 PM

Whether the HOA can do this depends on the HOA bylaws. So you need to get a copy of them.

I don't think however, they can legally compel you to pay the rent to them without a court order.

excon · Feb 23, 2009, 08:19 AM

Originally Posted by jennifer425

This could potentially draw him back towards foreclosure, affect our current lease, and inadvertently leave the community with an empty, even worse off property. Can the HOA dot his?

Hello j:

Your HOA is having trouble distinguishing its member from you. I'd write them a letter, sent certified. Tell them that they need to grasp that distinction, as you will no longer do business with THEM directly. Your arrangement is with your landlord, and THAT is where you'll do your communicating from now on. Tell them further that if they wish to garnish your rent payment, they should DO SO.

Of course, the problem is that they CAN'T garnish your rent... I can't imagine how these people think they can accomplish that. But, you aren't going to WIN against the HOA, because they don't have a clue about the rules...

excon

ScottGem · Feb 23, 2009, 08:28 AM

I kind of agree with excon. YOU have no direct involvement with the HOA. They can do nothing to you. They can only deal with their member. You would still be well served by knowing the By-Laws and what they can do to their member because what action they take MAY affect you.

As for garnishing the rent. That's an interesting concept. Definitely they can't tell you to hand the rent payment to them. If they try laugh in their face.

However, they MIGHT be able to sue the homeowner and get a court order compelling you to turn the rent to them. If they do serve you with such an order, make sure it is bonafide before handing any rent checks to them.