Results 1 to 3 of 3
  1. #1
    Join Date
    Apr 2019
    Posts
    1

    Default HOA Harrassment of a Tenant

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

    I am currently in a situation where myself and my family are continually harassed by the home owner’s association of the house we are currently renting. We have had issues where the complaint that we are in violation of the HOA rules because of our parking. We spoke the the former president last year here on the property and he told us that as long as we do not park on the street or block the sidewalk we are not in violation of the rules. We have complied with the rules everyday. However, the neighbors have decided to take it upon themselves to take pictures of our parking when we had servicemen painting the house, per the association’s request, and one other time when the landlord himself was parked on the road while replacing a broken water heater. Our cars were not in direct violation of the rules either of those two times per the photographical evidence provided.

    Recently the landlord received a letter from the HOA’s attorneys saying that they were terminating our month-to-month rental agreement due to our violations of the parking rules. We do not have a month-to-month rental agreement, but a yearly agreement signed on 1/7/2019 to serve from 1/1/2019 through 12/1/2019.

    It is now April and the harassment continues on a daily basis. Now the HOA is demanding that we sign an application to see if we qualify to be here in April, four months after the rental agreement was told to us and our landlord that it was accepted.

    This feels like yet another attempt to unjustly evict us from the house when we have clearly shown that we are in no violation of any HOA rules. I’m unwilling to sign any further documents until I seek out some legal advice because it sounds wildly uncommon and like more of the continued harassment.

    The house we are renting is in Florida and we are really starting to feel threatened over this continued witch hunt, but are seeking clarity of the legal rights we or they may have.

    Thank you for your time.

  2. #2
    Join Date
    Nov 2013
    Posts
    6,816

    Default Re: HOA Harrassment

    You should understand that FL HOA are little governments that think they can pull big weight because someone on the Board of Directors has a bone to pick with you. They can't.

    If the BOD has a problem, it is with the property owner, not you as a renter. They can't interfere with your lease if the property owner is in compliance with the CC&Rs with regard to rentals and you follow the parking rules.

    You should be working this out with the property owner.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,780

    Default Re: HOA Harrassment

    Quote Quoting Renterguy
    View Post

    This feels like yet another attempt to unjustly evict us from the house when we have clearly shown that we are in no violation of any HOA rules. I’m unwilling to sign any further documents until I seek out some legal advice because it sounds wildly uncommon and like more of the continued harassment.
    It's not uncommon at all. HOAs don't like rentals in their midst. And HOA members certainly don't like them next door.

    That's why you are being harassed.

    It's up to your landlord to deal with the HOA. Every lease, everywhere, has an implied covenant of quiet enjoyment. That doesn't just apply to noise. It means that a tenant should be able to enjoy the use of his dwelling without interference. It is the obligation of your landlord to make sure of that. If he cannot keep the HOA at bay then HE is in breach of covenant and HE is the one who can be held responsible for compensating you if you are forced to move and incur additional expenses.

    I suggest you write to him explaining that to him. Write it on paper, send it by mail with tracking and delivery confirmation and send him a letter every time you get harassed by the HOA, even if you have to send one once a week. You'll need a solid paper trail if you want to throw up your hands and move.

    Lesson for the future: NEVER rent a place in an HOA.

    1. Sponsored Links
       

Similar Threads

  1. Harassment: Charged with Harrassment
    By mandah2386 in forum Criminal Charges
    Replies: 2
    Last Post: 09-11-2012, 04:12 PM
  2. Defamation: Harrassment
    By enquirer in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 03-09-2009, 05:15 PM
  3. Harassment: Neighbor Harrassment
    By eskel in forum Criminal Charges
    Replies: 1
    Last Post: 12-08-2008, 10:19 AM
  4. Harassment: Telephone Harrassment
    By Jtsdaddy in forum Criminal Charges
    Replies: 4
    Last Post: 01-23-2008, 06:37 PM
  5. when does it become criminal harrassment?
    By canull in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 07-30-2005, 08:47 AM
 
 
Sponsored Links

Legal Help, Information and Resources