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Cat9821 · Jan 31, 2007, 01:15 PM

I'm leasing a condo in the state of Texas from someone that owns two at my property. The HOA has indicated to me that my landlord has not paid his HOA fees in months, and one of his properties has been foreclosed upon. They've asked me to pay my rent to them under the auspices that their attorneys will then act on my behalf to represent me against my landlord should it get that far. Many attempts to contact my landlord have failed in the past over repairs, etc. I suspect he won't be discussing the existing foreclosure or the possible one on my unit even with direct communication from me.

I'm considering withholding rent. Should I advise him of such to attempt a discussion about the status of my leased condo? I suspect that if he's not paid HOA fees, and he's lost one unit, he'll not be returning my deposit or pet deposit.

Thanks for your help!

ballengerb1 · Jan 31, 2007, 01:46 PM

You have no legal standing with the HOA and paying them is still considered a default on your part. Your lease is with your landlord, not the HOA. You do not currently have anything to defend but you will if you quite paying your rent and the landlord evicts you.

ScottGem · Jan 31, 2007, 01:51 PM

Hmm I think this is a gray area. A lot depends on what powers the bylaws of the Association gives to the HOA. If you get the HOA offer in writing, I would be inclined to accept it. The worst that can happen is you are evicted and that's likely to happen if the property is sold in a foreclosure anyway. At least this way you get free legal representation.

Fr_Chuck · Jan 31, 2007, 05:31 PM

I would say that I would not pay anyone but the lessor ( owner) unless you contact them and they understand the situation.

If you do want to pay the HOA, make sure they show you in the bylaws where this is allowed. If you just pay them money "on the owners behalf" that is not your rent, it is making his payments, and can't be done without owners permission.

ballengerb1 · Jan 31, 2007, 05:41 PM

I repeat, you have no issue or standing with the HOA and they are out of line even talking to you. They can write anything they like to into their by-laws but it will not set aside the state statutes that apply to your legal lease with the landlord. Before they informed you of anything, you had no issue with the landlord and you still don't. If you want to be between a rock and a hard place pay the HOA. Like Fr_Chuck says, that payment will not be considered your rent. They are trying to get you to pay his association dues and they say they will defend you after that. You have not done anything that requires defense, yet. I am a landlord and I also sit on a HOA.