How should an HOA board communicate with renters and tenants?
By OurHOA · General information · Revised
How an HOA board can reach renters: tenant contact info to collect, what to send tenants versus owners, the Florida rent demand rule, privacy and fair housing.
Part of the HOA board handbook: residents and communication.
Why tenants need their own communication
In a lot of small associations a good share of the homes are rented, and the people living in them never see the association's mail. Notices go to the owner's address of record, which may be in another state. Yet the tenant is the one who parks on the street, sets out the trash cans, uses the pool, and hears about the water shutoff only when the tap runs dry. Most rule problems at rentals start with a tenant nobody told, not one who ignores the rules. A simple, consistent way to reach renters heads off many violations. What you may collect from tenants, and what you may demand from them, depends on state law and your governing documents, so treat this guide as general education, not legal advice.
The owner is still the association's counterpart
Communicating with tenants does not change who the association deals with legally. In most communities the owner is the member, owes the assessments, receives formal notices, and is responsible for violations by their tenants and guests. Formal notices, violation letters, hearing notices, and account statements should go to the owner in the manner the law and the governing documents require. Tenant communication is practical and informational: rules, schedules, service interruptions, and amenity access. Separate guides cover whether an HOA can fine a tenant directly and whether renters can attend and speak at meetings.
Collect tenant contact information the right way
Check what your governing documents and state law let you ask for. In Texas, Property Code section 209.016(b) bars a dedicatory instrument provision that makes a tenant apply to the association for approval, or that requires an owner to hand over the applicant's credit report or rental application. Section 209.016(e) lets the association request the name, mailing address, phone number and email of each person who will live in the home under the lease, plus the lease start date and term. Ask for exactly that list and nothing more. In Florida and Colorado, look to the declaration, bylaws and any adopted leasing rule for what the board can require. If your documents are silent, ask owners for the same short list as a request, not a condition. Ask owners to provide tenant contact details at each new lease, and make the form short. Store tenant information with the same care as owner information, and share it only with the people who need it. The FTC's guide for businesses on protecting personal information recommends keeping only what you need and protecting what you keep.
What to send tenants
Give each new tenant household a one or two page summary, either directly or through the owner: trash and recycling days and where cans are stored, parking rules and guest parking, pet rules, quiet hours, pool and clubhouse access and how to get a key or fob, and who to call for a common-area problem. Add tenants to the announcement list for service interruptions, construction, landscaping days, gate code changes, and community events. A short sample: 'Welcome to Cedar Park. You are receiving this because you live at 14 Cedar Lane. The association sends updates about water shutoffs, trash schedule changes, and community events. Questions about your lease, rent, or repairs inside your home should go to your landlord or property manager.'
What not to send tenants
Some information belongs only to the owner. Do not tell a tenant the owner's account balance, payment history, or delinquency status. Do not send violation letters or hearing notices to the tenant instead of the owner, and do not discuss the details of an enforcement matter with them, beyond telling them what rule is involved and that the owner has been notified. Do not take sides in disputes between owner and tenant over repairs, deposits, or the lease. Florida is the exception that matters here. Under Florida Statutes section 720.3085(8), when a tenant occupies a parcel and the owner is behind on any amount owed to the association, the association may demand that the tenant pay future rent to the association until the debt is paid in full and the association releases the tenant, or the tenant moves out. The demand goes to the tenant by hand delivery or U.S. mail in substantially the wording printed in the statute, and the association must also mail the owner written notice of the demand. A tenant who already paid the current month has 14 days after the notice to send proof, and payments to the association start with the next rental period. The tenant never owes the association more than the tenant owes the landlord, and the association must give written receipts on request. Use the statute's form word for word and have the association's attorney review the first one. Texas chapter 209 and Colorado's act contain no rent demand provision, so a board there should not send a tenant any message suggesting rent can be diverted.
Treat renters consistently
The federal Fair Housing Act applies to associations, and HUD handles complaints of housing discrimination. Communication practices can create problems if they single out tenants in ways tied to a protected characteristic such as race, national origin, religion, familial status, or disability. Apply amenity rules, guest rules, and enforcement the same way to owner-occupants and tenants unless the governing documents lawfully provide otherwise, such as a rule that an owner who leases the home delegates amenity rights to the tenant. Offer translated summaries if a meaningful number of residents read another language more comfortably, and respond to reasonable accommodation requests from tenants as seriously as those from owners. Colorado writes this into its act: C.R.S. 38-33.3-106.5(1)(g) voids any document provision that blocks reasonable modifications to a unit or the common elements that a person with a disability needs under the federal Fair Housing Act. The section speaks of a person, not an owner, so a tenant's request for a ramp or a grab bar gets the same review.
Service interruptions and urgent notices
The messages tenants most need are the ones with a deadline: a water shutoff for a main repair, a parking lot closed for sealing, a tree crew blocking the street, a boil-water notice from the utility, a storm warning with instructions to bring in trash cans and patio furniture. Send these to owners and tenants at the same time, by the fastest channel you have, with the date, time window, affected homes, and a contact for questions. 'Water will be off for homes on Birch Court from 9 a.m. to 1 p.m. on Tuesday, May 6, while the plumber replaces a valve. Vehicles parked in the Birch Court lot must be moved by 8 a.m.' Post the same notice at the mailboxes or entrance for anyone not on the list. After a towing or a missed shutoff, the first question is usually whether the resident was told, and a record of the message answers it.
Work through owners and property managers
Many rental owners use a property manager who handles the lease and tenant contact. Ask rental owners to name that manager and provide their email, and copy them on tenant notices and rule reminders. Include a line in your rental registration form asking the owner to attach the association rules to the lease or provide them at move-in, if your governing documents require it. When a tenant keeps breaking the same rule, a short friendly note to the tenant, with a copy to the owner, often fixes it before a formal violation letter to the owner is needed.
Keep the list current
Tenant lists go stale faster than owner lists. Ask owners to notify the association when a lease ends or a new tenant moves in, and send every rental owner a short reminder once a year asking them to confirm who lives in the home. Remove former tenants from announcement lists and disable their amenity access promptly. If the association uses gate codes or amenity fobs, tie the renewal of access to confirming the tenant's contact information. A tenant list that is two years out of date sends messages to people who moved out and misses the people who actually need them.
Sources
- Texas Property Code chapter 209, including section 209.016 on leasing and tenant information
- Florida Statutes section 720.3085, including (8) on demanding rent from a tenant
- Colorado Revised Statutes title 38, including 38-33.3-106.5(1)(g)
- HUD: fair housing and equal opportunity
- FTC: protecting personal information, a guide for business
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.
More from the board handbook
- What should an HOA welcome packet for new homeowners include?
- How do you write an HOA newsletter homeowners will actually read?
- How should an HOA board survey homeowners before a big decision?
- How should an HOA board explain a dues increase to homeowners?
- How should an HOA board respond to a homeowner's records request?
- How should an HOA board handle a hostile or abusive homeowner?
- What should an HOA resident portal do for homeowners?
- How do we set up an HOA document library that owners can actually search?
- How do we collect owner email addresses and consent for electronic HOA notices?
- How do we write a year-in-review report for our HOA owners?
- How should an HOA board handle a reasonable accommodation request?
- How should an HOA board handle a neighbor noise or nuisance complaint?
- How should an HOA board handle a drainage complaint between neighbors?
- How should an HOA board respond to a data breach of owner information?
- What should our HOA board do when it is worried about an elderly or vulnerable owner?
- Our HOA was served with a subpoena. What should the board do?
- How do we organize a community-wide garage sale for our HOA?
- How do we set up an emergency text and email alert list for our HOA?
- How do we start a neighborhood watch in our HOA?
- How do we start and run a community garden on HOA common area?
- How do we plan an HOA community event or block party?
- An owner filed a complaint about our HOA with a state agency. How should the board respond?
- How do we get the HOA website domain and social media accounts back from a former volunteer?
- How should an HOA board respond when a reporter calls about the association?
- How do we let owners adopt and plant a section of HOA common area?
- How do we set rules for food trucks visiting our HOA?
- How should our HOA board handle a request to put a little free library on common area?
- How do we get residents to stop feeding the ducks and geese at our HOA pond?
- How does an HOA board set up a trap-neuter-return program for community cats on common area?
- How should our HOA board handle an owner's request to close a private street for a block party?
- How should our HOA board handle a church, club or nonprofit that asks to use the clubhouse?
- How should an HOA board handle a film crew or photographer asking to shoot on common area?
- How do we write a policy for the community bulletin board at our HOA mailboxes or clubhouse?
- How do we host a farmers market or vendor fair on our HOA common area?
- How should an HOA board respond to negative posts about the board on Nextdoor or Facebook?
- How do we start a yard of the month award in our HOA?
- How do we host a trunk-or-treat or Halloween event for our HOA?
- How should our HOA board handle requests for religious holiday displays on common area?
- What should our HOA board do when the county asks to use the clubhouse as a polling place?
- How should our HOA board handle a shared driveway dispute between two owners?
- How should our HOA board review an owner's request for a wheelchair ramp or other accessibility change?
- How should our HOA handle notices for owners who read another language better than English?
- Residents keep feeding deer in our HOA. What should the board do?
- A neighbor says another owner's floodlight shines into their home. What should our HOA board do?
- How do we prepare and send our Colorado HOA's annual disclosure?
- How do we put together an HOA owner directory without exposing anyone's phone number or email?
- What should our HOA board do when squatters move into a vacant home in the community?
- Our HOA got a letter saying our website violates the ADA. What should the board do?
- How does an HOA board keep its owner roster current when homes sell?
- How should our HOA board handle political yard signs before and after an election?