Homeowners associations and condominium unit owners associations (“HOAs”) play a pivotal role in maintaining community standards and aesthetics. They establish and enforce rules that contribute to a neighborhood's cohesion, appearance, and property values. In Washington and Oregon, tenants who rent homes within HOA-managed communities are subject to these rules just as homeowners are. However, enforcing HOA rules on tenants introduces unique challenges, particularly in terms of legal rights and responsibilities between tenants, landlords, and HOAs. This article will explore the rights of HOAs in Washington and Oregon to enforce rules on tenants and discuss how homeowners, tenants, and HOAs can work together to ensure compliance.
In both Washington and Oregon, HOAs are empowered to enforce community rules against anyone residing within the association’s jurisdiction, including tenants. However, because tenants typically are not members of the HOA, enforcement often occurs indirectly through the property owner or landlord. For example, if a tenant violates a community rule, such as by parking improperly or violating noise restrictions, the HOA will typically address the issue with the property owner. The owner, in turn, is responsible for ensuring their tenant complies with HOA rules. However, many HOAs in both states have included clauses in their governing documents that allow them to hold tenants directly accountable for violations, especially for repeat offenses.
The specific rules an HOA can enforce against tenants vary depending on the association's governing documents and local laws. Most HOAs have covenants, conditions, and restrictions (CC&Rs) that outline specific community guidelines on property maintenance, landscaping, noise, and parking.
Usually, governing documents define “Member” or “Owner” as the individual or individuals holding fee simple title to a Unit or a Lot. According to the Restatement (Third) of Property (Servitudes), restrictive covenants (covenants that prohibit some activity) bind all occupants of land, and not merely those individuals or entities that hold fee simple title.
Therefore, tenants and family members of Owners must abide by the restrictive covenants, just like the Owner. However, affirmative covenants (covenants that require some activity, like paying dues or fines) typically only bind the Owner or Member. This means that a tenant may be subject to an action for injunctive relief to remedy a violation, but only the Owner can be required to pay fines for a tenant’s violations.
However, in Washington, the law is changing to allow fines to be levied directly against tenants. Washington’s Uniform Common Interest Ownership Act (“WUCIOA”), codified as RCW 64.90, currently applies to planned communities and condominiums created after July 1, 2018. RCW 64.90.405(5) authorizes an association to levy fines directly against a tenant in the same manner as it would be able to do against the Owner. This act will be applied retroactively on January 1, 2028. So, from that date forward, all common interest developments in Washington will have this authority.
In conclusion, while tenants are not HOA members, they are bound by HOA rules through their lease agreements and the homeowner’s responsibilities. In Washington and Oregon, HOAs can enforce rules by working with property owners to ensure tenant compliance, and sometimes even by levying fines or initiating legal action if necessary. To foster positive relationships and minimize conflicts, clear communication among HOAs, property owners, and tenants is essential. This proactive approach not only upholds community standards but also maintains the value and integrity of the neighborhood, benefitting all parties involved.