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  1. #1
    Join Date
    Sep 2014
    Posts
    17

    Question Homeowner's Association is Evicting a Tenant Over Rule Violations

    My question involves a condominium located in the State of: Hawaii
    AOAO served us eviction papers to appear in court. What happens at this hearing?
    for 2.5 years we lived here, we have never paid our rent late, we have a very good relationship with our landlord, no complaints from our neighbors, we keep to ourselves, we are friendly, we work full time jobs, no parties, no visitors. We have a few violations due to rules being misunderstood, not clear or unknown until it happened, whether or not the rule was in the House Rules, the violation occurred only once. (exiting thru the garage after throwing out our trash-that is where the bin is, other residence do this also through out the day, we have been doing for 2.5 yrs, we no longer can enter or exit the garage because we do not own a car, moped or bike,2)I ride my roller skates to work everyday-so I leave my unit with them on-I walk to the elevator-carpeted, then through the lobby carpeted-I was told by 1 of 2 guards "you cant ride skates on property" I explained that I am not riding, but walking and the other guard agreed and said "she is ok, she is just passing through" another guard violated me saying I was warned. I was but allowed...and no where in the house rules says anything about roller skates/skates.3) exited the building through an authorized personnel exit only-yet this is where anyone with bulky items or cardboard must go thru to leave those items-I was late for an appointment and that was a short cut) These incidences stopped after we received the violations. Our landlord never got these violations at all, though it says a copy will be mailed to them. Is this enough to convince a judge to grant the eviction? Should I stat packing? the hearing is in a couple of days.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Homeowner's Association is Evicting a Tenant Over Rule Violations

    Typically the Association of Apartment Owners (AOAO) can have a rule requiring a landlord to evict a tenant for violating community rules, but unless they are acting as the landlord's agent in relation to the tenancy would not be in a direct position to evict the tenant. Please share the full contractual and procedural context.

  3. #3
    Join Date
    Sep 2014
    Posts
    17

    Default Re: Homeowner's Association is Evicting a Tenant Over Rule Violations

    the judge ruled in our favor, and that the allegations/violations was were inconsistent, inconclusive, and simply not credible, therefore it was unlawful eviction. We won the eviction, but now our landlord says they won't renew our lease, because of all this. Is that retaliatory eviction?

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Homeowner's Association is Evicting a Tenant Over Rule Violations

    No...your landlord is not evicting you. Instead they are simply deciding not to renew your lease when it comes due. There is a difference between the two.

    Gail

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