This is a big CYA document. If the HOA does something drastic like booting the tenant’s car, disconnect the water, sue the tenant for rent because the owner hasn’t paid his dues or threatened to evict the tenant you need to be protected from litigation. The owner will ignore the HOA to get it leased and you’ll deal with the battles when the HOA wakes up to the reality that there is a new tenant in the community. You want the tenant holding you harmless when the HOA can’t open the pool or tennis courts because not enough owners have paid their dues. You need to protect yourself against the possibility of being sued for constructive eviction, wrongful dispossessory, loss of quiet enjoyment or harassment by the HOA. Tenants want to blame the property manager for everything no matter whose fault it is. If the owner fails to keep current with the HOA it can create chaos between you and the tenant so prevent it with this document and protect yourself.
The longer you’re in property management the more you realize that it’s sticky, often hostile, and sometimes even litigious. Over 35 years we’ve been burned many times by tenants and after the second or third time (we’re slow learners), we go back to the attorney and have them draft a document that prevents it from ever happening again. Blaming the property manager has reached an all-time high and isn’t going away anytime soon. So, understanding this reality, smart managers need to spend extra time, money and effort building and crafting documents designed to protect themselves, even from those they are trying to serve. We’ve pulled these documents from our archives and have listed them here for your review and individual download (or in packages by topic). We’ve laid them out in the Property Management Life Cycle categories to give the discussion some order.
Protecting yourself from tenants is what these documents are all about.
The Property Management Lifecycle by Crown Investor Institute LLC