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  1. #1
    Join Date
    May 2013
    Posts
    4

    Default Does Your Landlord Have to Tell You About a HOA for the Rental Property

    My question involves landlord-tenant law in the State of: Washington

    Hello all,

    Here is my situation. I have moved into a new neighborhood, signed a lease with the rental agency which I will attach later and that is it. Nothing else was signed or even discussed with me regarding the neighborhood I live in. About a month later the neighbor comes over and says he is with HOA and that my dog has to be on a leash if I want her outside even in my driveway because she does not wonder off and that I would be fined if I did not comply. I replied with " I'm sorry I didn't realize this". He then asked if I had bought the home and I told him No, I was renting. He told me my landlord "should have" issued me a list of covenants. I scoffed back with "well they didn't" Neighbor said he will get me some. I left for sea for 6 weeks and been home for 3 weeks now and still not covenants. I bought myself a boat right when I got home and now Im being told I cant park it on the public street because it is in eyesore and it needs to be out of sight. The VP came to my door and told me I need to move the boat in 24 hrs or I will be fined. Well i told them if I knew that was a rule I would not have bought the boat. He again with covenants in hand asked if I got a copy, I replied with NO!! My question here is how much legal right does the HOA have and also what should I do regarding this lease? I mean my landlord did not specify that it is an active HOA neighborhood and there would be rules OUTSIDE of my lease that I have to abide by. Can I legally peacefully break lease here? As a "renter" i assume I am only responsible for the rules and regulations in my lease which do not specify HOA ordinances. Just govermental regulations.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Did Not Specify HOA Neighborhood

    It would help to be able to read your lease so please post a copy, redacting any identifying information.

    I refer you to:

    "RCW 59.18.140
    Reasonable obligations or restrictions—Tenant's duty to conform.
    The tenant shall conform to all reasonable obligations or restrictions,
    whether denominated by the landlord as rules, rental agreement, rent,
    or otherwise, concerning the use, occupation, and maintenance of his
    or her dwelling unit, appurtenances thereto, and the property of which
    the dwelling unit is a part if such obligations and restrictions are not in
    violation of any of the terms of this chapter and are not otherwise
    contrary to law, and if such obligations and restrictions are brought to
    the attention of the tenant at the time of his or her initial occupancy
    of the dwelling unit and thus become part of the rental agreement.

    Except for termination of tenancy, after thirty days written notice to
    each affected tenant, a new rule of tenancy including a change in the
    amount of rent may become effective upon completion of the term of
    the rental agreement or sooner upon mutual consent."

    Note my emphasis on part of it. My take is that you are not obligated to the rules of the HOA if they were not brought to your attention at the time of your occupancy.

    As for being fined, it's likely that any fines will be levied against the homeowner and not the tenant.

    Unfortunately, while you are free to ignore the rules, there is the real risk that your boat can be towed away if parked on the street in violation of the rules because that remedy on the part of the HOA would have nothing to do with who owns the boat.

    Whether your can break your lease and leave without any financial consequences is probably something you should take up with an attorney because of the real risk of losing your security deposit and being sued for unpaid rent.

    I recommend you become familiar with the WA landlord tenant statute in case other issues present themselves:

    http://app.leg.wa.gov/RCW/default.aspx?cite=59.18

  3. #3
    Join Date
    May 2013
    Posts
    4

    Default Re: Landlord Did Not Specify HOA Neighborhood



    ADJUSTERJACK -

    Thank you for the reply. I have attached what the site will allow me to upload for images (4). Also thank you for the link.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Landlord Did Not Specify HOA Neighborhood

    "Section 24(G) Rules and Regulations. Tenant shall comply with
    the Rules and Regulations attached as Exhibit G and any
    additional rules applicable to the Premises that Owner or
    Agent may deem necessary and which are publicly posted
    as provided by statute, including but not limited to,
    condominium or homeowner association house rules if
    premises is within an association."

    Question 1 - Did that not raise an alarm when you read all the terms of the lease before you signed it?

    Question 2 - Were any rules attached as Exhibit G?

    Question 3 - If not, were any rules "publicly posted"?

    For question 3, I have no idea what "publicly posted" means and a quick scan through the L-T statutes didn't reveal any help.

    You might check with the following organization to see if they can shed light on the issue.

    http://www.tenantsunion.org/en/rights

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