This is the continuation of thread "Marijuana" started Feb 10, 2018.

Board has fined me as they have stated that they caught tenant while in the apartment smoking Marijuana. Apparently they confronted him when the smell was out in the building. Tenant has denied that any such incident took place.

How do I recover the fine from tenant, as it is added to my HOA fees?

Board does not want to call Police as they fear that the building's name will be in records along with tenant name and my name. This will make the sell / renting in future difficult for the residents. Is this true?

The next time the incident happens, I prefer to call Police immediately. Will my name show up in records?

If reimbursement of the fine is not agreed to in your rental agreement, then you can't recover it from the tenant. The fine is on you, not on the tenant.

I have a clause stating tenants are responsible for any city or hoa fines due to their violations.

While Moshe is technically correct about requiring a clause I would still bill the tenant and add a separate addendum stating that another infraction will result in immediate eviction and that he is responsible for any and all charges incurred.

As for the HOA, it is very common for HOA's to look to the property owner to correct a situation that is not life threatening. Will it include your name? I doubt it but it would definitely include the name of the complex and most likely your units address.

Do you have a clause that the tenant agrees to comply with federal, state, and local laws? Anything at all like that?

Start there and let him know that his breaking the law has resulted in a fine and he is responsible.

I find it absolutely AMAZING that a board or housing authority will hold a landlord responsible AND FINE THEM for something like this that a tenant has done.

It's insanity.

I'd also move this clown out over this.

I'd also probably sell a property that gave up that kind of authority to something like a housing association board.

The HOA is charging me because they cannot directly fine my tenant. I have a clause in lease and I can recover from tenant, not an issue. The issue (not for me) is that the tenant is challenging to board that such activity took place. He is asking for a proof and board has nothing to furnish.

If the board has no proof, then how will you or they file a complaint? They need witnesses who saw the tenant smoking after smelling it and they need to attest that it is marijuana. I am having the same issue with upstairs tenant smoking on the deck. I found the smell in a hallway and got a complaint from downstairs tenants and confronted the cosigner who took care of getting them to stop smoking it - inside. Neighbors will soon get a whiff of it when it gets warm and windows open. Ask the HOA if they are willing to let you speak to the witnesses. No witnesses, no case. I am going to take a capable witness with me to "catch" the upstairs in the act and then call the law. One witness becomes a he said she said situation. When I have watched the show Cops, they look for papers or seeds or partially smoked joints. My downstairs tenant found some broken up cigars that they use use smoke pot with. Too bad he didn't save them. Upstairs has moved their garbage to the deck now.

The board members went to tenant's apartment and caught him to confront him. They are the witness. They have stated what they have observed in an email. While tenant replied to those emails denying the incident.

What would happen if you mailed the fine back to them and wrote on it:

"Will not dignify!"

What proper channels would they have to go through to make that a valid fine in the form of a judgement or lien?

Maybe call their bluff.

Alex of GA, you have a decision to make do you keep the unit and continue to deal with the HOA? OR Do you sell it and 1031 to another property.

I have been in the same building for last 25 years and from day 1 when the building was built,my unit has been on rental. I never had trouble with HOA, except when my neighbor, who just moved in a year ago, had problems with all of my tenants. She got herself elected on the board.

You're putting too much faith in what the HOA and the biased neighbor board member says.

Sent them a letter from your lawyer stating that you refuse to pay ANY fine without proof of a violation.

HOA do not fine tenants directly since they have no legal contract with the tenant. The property owner is only their contact.

HOA boards have PM's that do 99% of the communication with the property owners and occasionally with the tenants. Where is the PM on this?

In 11 years of owning properties with the majority of them controlled by HOA's they have NEVER contacted my tenants directly even when I think they would have been well within their rights to do so. Only ONCE have I ever heard about my tenants being contacted directly and it was the pool guard to inform the tenants that they had too many guests at the pool and the board notified me of the incident by email.

"Board does not want to call Police... This will make the sell / renting in future difficult for the residents." Wrong! It will have zero affect. The only public record that would affect sales or rentals is a neighborhood shooting and robberies.

They expect you to act on their unsubstantiated claims which could place you in a precarious position. Whenever I have received a fine from a HOA for an infraction it is accompanied by photos or other proof. Until they provide that I would tell them to pound sand.

As for you calling the police. This isn't a police issue it is a LL/tenant issue. Enforce your no smoking policy.

How do I enforce No Smoking policy? I do not go there when alleged smoking is likely to take place. And even after it has taken place, by the time I reach, the smoke (and smell) could have vanished into thin air.

HOA needs to provide a proof but there is none. I am simply passing the $100 fine to tenant. If he wants to dispute, he can and I will refer him/his attorneys to HOA. But why should I hire the attorney as it is between my tenant and HOA? I am not losing money ($100 fine).

If it is truely a possession of Marijuana then I would like Police to involve. If HOA is right, tenant will be evicted. If not, I (and tenant) can sure HOA (lady neighbor) for harasement.

ALEX: If he is smoking tobacco the odor will linger for

awhile depending on how often he is smoking. More than a few times a week then the odor will last well past a week.. If he is only smoking marijuana the odor will dissipate in 24 hours or less.

I am hard pressed to believe the police will do anything if you report him for smoking marijuana inside the property or even for possession unless he is dealing drugs from the premises.

You can pass the fine on to the tenant but remember he claims he isn't smoking that in the property and denies the HOA ever confronted him.

If it were me I would tell the HOA I have no intention of paying any fine without proof since your tenant claims the "confrontation never happened".

ALEX:

I've reconsidered my earlier suggestion not to pay the fine. I read an article today from the The Palm Beach Post that sounded eerily similar to your situation. A homeowner refused to pay a $25 fine for a late HOA fee payment and it has now morphed into $50,000. Much of it seems to have stemmed from the property owners adversarial relationship with a specific member of the HOA board.

Since you already know that the woman on the board is determined to undermine your tenant and by extension you, I suggest you pay the $100 with an enclosed note that you are paying this in protest and that any future fines must be accompanied by unassailable proof. Then bill your tenant.

If you are interested in reading the story: