Home > Research Legal Advice > Real Estate > If renter do not want to pay Violation fine, can we go after the owner?
Asked about 1 year ago - Kissimmee, FL
FlagJan2011 this renter start parking his commercial Ice cream truck in community on weekends and weekdays. We start sending letters (6). Our CCR prohibit commercial truck on community. He was advised of penalty if not remove the truck and we fine him in Nov2011 charging $200/weekend. After this he request a lower fine and we did, from $2000 to $225. In Feb2012 he told a member of HOA he will not pay and will sue. He still park the truck but he removed all the signs from the ice cream truck when on premises, his truck IS but do not have commercial tag. All letters since Jan. have been cc to owner. We miss the oprtunity to take pics of truck and this is where he based his ground for sued. Hes telling others not to pay.Can we go after the owner to pay the fine?Can we take him to small claim?
The steps you can take to enforce your subdivision regulations are set out in your declaration of covenants and restrictions. They may include, fines, liens, and suits for injunctions. You should consult an experienced real estate lawyer in your area for help in determining the best course of action to take.
You should have gone after the owner in the beginning and let the owner worry about the tenant. Because you did not properly notice the owner, you now have to start over again, giving the owner 14 days notice of a hearing before a 3-member committee, who are no relation to board members, agents, or employees of the HOA. The committee must vote to impose the fine.
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