Who is responsible for monthly HOA fees? 1 Answers as of August 03, 2011We are renting a home. It is not stated in our lease who is responsible for the monthly HOA fees. The HOA is now coming after us, the tenants, for HOA fees during our lease but we do not feel it is our responsibility since we are not the homeowners. They are also trying to suspend our pool privileges. Is that legal? Thanks
Law Offices of Steven A. Fink | Steven Alan Fink
As tenants you have no liability to HOA. If your lease with owner did not require you to make payments of HOA fees, you are not required to reimburse owner for those fees. If owner is not paying HOA fees, HOA can suspend privileges of owner and, by extension, of you as tenant to use common area facilities. Solution is to have owner pay HOA fees or else arrange for you to deduct HOA fees from your rent and pay directly to maintain your privileges.
Answer Applies to: California