Our Clients Ask Us: Obligation To Provide Board With Copies Of Lease

Q: Our governing documents and rules provide that owners who have tenant-occupied properties must provide a copy of the lease to the Board. Is there anything we can do if these owners do not comply?

ANSWER: Yes, you may force owners to comply with your governing documents through an enforcement action. If the Declaration or Rules and Regulations provide that an owner is required to provide a copy of the lease to the Board, then the owner does not have the option of choosing whether to comply. If the owner does not comply, our office will send the appropriate letter to that owner stating that the Association will begin levying enforcement fines against the owner if they do not immediately comply by providing a copy of said lease. The notice to the owner will set forth the amount of the enforcement assessment, a reasonable time to cure the violation of the governing documents or Rules and Regulations, and the procedure to go about requesting a hearing in front of the Board. Once the proper notice is sent, the Board may begin imposing periodic fines that are reasonable for the violation (i.e. $50 per week or $100 per month), which will be assessed to the owner’s account in the same manner as regular maintenance fees and assessments. Accordingly, a lien may be recorded and foreclosed upon due to non-payment of enforcement assessments.

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