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HOA not performing maintenance or repairs to rental units


Question:

condo-repair_and_maintenance.jpegWhat options do renters have when HOA is negligent with maintenance? Things like heat, or broken windows are not under the individual owner's control. All they can do it fight with the HOA, but that generally is not successful.

The authorities, (apartment inspector, etc) just say they can't do anything because it is private property, unlike other rentals.

I've tried pointing out that many condos are actually rentals, but they still say they can't do anything. If the owner tries to fix a window, the HOA goes after them. There is nothing an owner can do about the heat which is a common boiler.

Can an owner sue the HOA for loss of rental income when the conditions make it impossible to keep a tenant? Can the renter sue the landlord to terminate the lease without penalty if conditions are bad enough or to cover costs such as providing space heaters and paying toward the electric bill?

Normally, with a rental apartment building, the city can go after the landlord for major issues. But with condos, the landlord can't do anything about some issues, and the city can't touch the HOA. What is the solution? 


Answers (4)

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