Can an HOA sent violation notifications to my tenants and ex-husband?

I have a rental property. The tenants take good care of the grounds and the grass mowedhowever during the heat of the summer dome of the grass died now has weeds. I contacted a weed control

company but they say it’s best to replace the grass. I’m not going to do that because I will sell the property soon. My HOA keeps sending emails to my current tenants regarding the weeds and

fines they are going to impose. They also in a separate email that I’m not cc’d on are sending notification to my ex-husband whom I divorced 9 years ago and is not on my mortgage. It’s a very

small neighborhood they are fully aware that we are not married. This has been very embarrassing for me and a huge source of anxiety to have to hear from my ex. Can I take legal action against the person sending these notifications or against the HOA?

Asked on January 18, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, your HOA, etc. violations are not considered protected, confidential, or private in any legally enforceable way. While it is completely natural and understandable why you do not want them shared, there is no law preventing them from going to your ex and your tenants. Indeed, it actually is correct for the HOA to notify them, since their rights (e.g. to keep residing there [tenants], or to an interest in the property [if you ex is also an owner, even if not on the mortgage; and which he may also be expeted to have rights as a spouse, if the HOA is not aware that you and he divorced]) could be impacted by the violations. The law requires that anyone whose rights could be affected must be sent notice. Therefore, there is no action you can take for this.


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