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N. Robertson, Renter in Camarillo, CA

Issues with GMmanagement in Thousand Oaks, CA; advice needed on tenant laws of HOA policies in regards to compliance and changes

Asked by N. Robertson, Camarillo, CA Fri Oct 11, 2013

I live in Thousand Oaks, Ca in a town home where the HOA use to send us letters in regards to compliance changes and issues (if they ever observed any) and stopped abruptly shortly thereafter. Our landlord whom resides sometimes out of state is the only one they send any updates or notifications to, and by the time it is relayed back to us, the tenants, it is far too late to make any kind of changes to stay in compliance, etc, and fines are sometimes imposed. I have spoken to one of the HOA heads and he said to write him with my request of receiving a duplicate notification to the rental address along with the one they send to the landlord. Weeks went by, finally, they sent a letter along with a denial (apparently from the "board") who rejected my request of the duplicate notices stating, "It was determined that HOA policy is to only send communications to homeowners, tenants must obtain any such correspondence directly from the owner". What are my legal rights from here?

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Answers

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Hi N. Robertson,

Notwithstanding an agreement to the contrary with your Landlord, in my personal opinion, your Landlord is the one dropping the ball on notification and He/She bears the consequences of inaction regarding notice to you.

I like Linda's idea; however, I would take a more formal step by sending certified letters to your Landlord and the HOA stating you will not be monetarily responsible for any compliance fines unless notified in writing by your Landlord or the HOA.

In addition, this might come in handy:
http://docs.steven-anthony.com/Landlord-TenantGuideCA2012.pdf

-Steve
0 votes Thank Flag Link Fri Oct 11, 2013
I would send an email to the landlord with the letter from the HOA attached stating that the landlord needs to notify you immediately regarding any policy changes in order to prevent being out of compliance. If he does not do this you are hereby giving him notice that any fines imposed due to being out of compliance for changes to HOA rules and regulations that you were not informed of in a timely manner will not be your responsibility, but the responsibility of the landlord.
0 votes Thank Flag Link Fri Oct 11, 2013
Contact a real estate attorney for legal advice. If you do not already have one, I can refer one or two to you. Ultimately, in lieu of a satisfactory resolution, if your landlord refuses to keep you informed, and it results in fines, inform your landlord in writing that you are giving notice to move, and make plans to move to another complex, with a different landlord, HOA board and mgmt. company.
0 votes Thank Flag Link Fri Oct 11, 2013
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