[quote=EconProf]HOA boards do not have a legal relationship with tenants of their complex, but with owners. So they have to rely on owners to inform their tenants of the rules and make sure they follow them.
I used to own condos in San Diego and always made sure tenants got a list of HOA rules and regulations of the complex that they would need to comply with. Too few owners do this, which is one reason condo buildings with high concentrations of renters acquire a bad reputation, go downhill, and are avoided by lenders.[/quote]
I am not a lawyer.
I am, however, an expert on real property contracts and a former HOA president.
It is often the case that parts of a CC&Rs are unenforceable or voidable.
Let’s take 2 examples:
1: I closed a deal for a Pigg a few years ago (this person can feel free to chime in) that had an HOA requirement that the owners be of a certain race. That is an extreme example and obviously unworkable.
2: I (while still a secretary on an HOA board) sued the HOA for damage to my unit. There was a storm and the drain outside my unit had not been maintained. The drain backed up and flooded my unit (specifically the nursery where my son was sleeping). This resulted in 3 weeks in a hotel and replacing carpet and other flooring. The judge took all of 5 min to rule. The HOA attempted to rely on a stipulation in the CC&R’s stating that the individual owner had to pay for all interior repairs irrespective of culpability.
