questions & answers

Question: The property owner wants to charge me HOA fees for grounds maintenance. I am a tenant in an apartment complex. When questioned, they said they could do this according to Arizona General Provisions 33-1314 and 33-1314.01. I think this addresses utilities, water and separate meters, not HOA dues. I also will not have access to CC&R's, or be able to have a seat on the board or see the financials, because (in their words) I am not an owner. Can you let me know if they can in fact charge me HOA dues?

Answer: If a lease or rental agreement exists between a landlord and a tenant, then the terms of that lease or rental agreement (as long as they are consistent with the law) determine what the landlord may and may not do. If a tenant has a lease or rental agreement with the owner of a condo that does not expressly state that the tenant will be responsible for HOA fees (which owners themselves almost always pay), then the tenant generally cannot be required by the property management company to pay HOA fees. A.R.S. 33-1314 and 33-1314.01 govern what a landlord may require of a tenant within the terms of a lease or rental agreement (including how various utility charges may be calculated). They do not permit a landlord to charge a tenant new fees that were not expressly included in the lease or rental agreement to begin with. If a landlord wishes to charge a tenant new fees, then the landlord must wait until the lease or rental agreement comes up for renewal in order to do so.