You already had good information from Thom and Linda and I concur with them. I have written many leases and everything is spelled out in the lease agreement. Also I have never considered the HOA as a utility. Typically the owner pays the HOA dues since it is the owner's responsibility.
How much are your HOA dues? Why not just pay them and let the tenants cover the utilities, simple is always better.
I suggest sitting down with the tenants and start with apologizing for the confusion and saying something like, "let's see if we can come to an agreement we both can live with". This way you can amend the current lease in writing (each party signing the amendment) and hopefully everything will go smoothly from then on.
Brian Wilson, Realtor
they should have nothing to complain about.
I have never seen UTILITIES include anything but utilities;
no one would include taxes or HOA fees.
HOWEVER, I always understood that HOA fees are the responsibility of the OWNER, not the Tenant.
"UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges:___________
except ____________, which shall be paid for by Landlord. If any utilities are not separately metered, Tenant shall pay Tenantâ€™s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered, Tenant shall place utilities in Tenantâ€™s name as of the Commencement Date. Landlord is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from existing utilities service provider."
However, you can change the contract to accommodate any payment agreement. It will really depend on your particular lease agreement - but the standard lease does not include the tenant paying HOA.
For professional property management, contact me.
Linda M. Lukas
Excludes: Gas/Water/Electric/Trash over $300 per month
Includes: HOA/Gardner/Pool Service. And Gas/Water/Electric/Trash UP TO $300/month.