Rules on renters

Community rules say renters must follow rules too.

Q: Our community has an association that is not a “paid” HOA; there is no board and no meetings. There are written HOA covenants that I believe should still be part of the property transaction on any home purchase. Many residents are completely unaware/don’t care about the HOA rules. What options do I have to enforce the HOA rules, and do rental tenants also have to obey the HOA rules? — Vince

A: You live in a voluntary association, which is a civic association. This type of association is more similar to a club than it is to a homeowner association. It may set rules that members must follow to retain membership or risk getting kicked out of the club, but voluntary associations have no enforcement options. If any homeowner does not want to belong to the association, that would be their choice. Other than peer pressure, you have no valid way to enforce the rules.

That being said, civic associations can play a large role in making a community a better place to live. From forming welcoming committees to decorating for the holidays, members can make a big difference in turning the development into a true neighborhood. There are some voluntary associations that have become quite influential in their communities despite having no real enforcement power.

To answer your second question, renters are always bound by the same rules as homeowners, and sometimes additional rules apply. In your situation, since your community rules are just strong suggestions, the same suggestion applies to the tenants as to the landlords.

Board-certified real estate lawyer Gary M. Singer writes about industry legal matters and the housing market at SunSentinel.com/business /realestate each week. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.