What to do about HOA fines and tenants?

I rent a townhouse in an HOA to 3 tenants with a fixed term lease. They have received 2 friendly reminders about noise last at night. Recently, they were playing loud music at 1:20am on a weeknight. There was a complaint and the HOA sercurity service showed up and documented the loud noise. I was called to a hearding, tenants declined to attend or respond. Fine was issued to me by the HOA. Tenants’ lease clearly states they are to follow HOA rules and are responsible for fines as a result of their actions. They received multiple copies of the rules and regs. They are now stating they do not believe the fine is “fair” and they are refusing to pay. what are my next steps?

Asked on September 18, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you have bees assessed a fine for your tenant's "bad behavior" where money has to be paid and the tenants believe the fine is unfair, then you should have the tenants contest the fine since ultimately they will be responsible for paying it one way of another since you have been assessed the fine.

I suggest that you speak with the tenants face to face about the above suggestion and follow up with a letter confirming such conversation. Keep a copy of the letter for future use and need.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.