Published January 19, 2021

Chris Combs On Owner Liable for Tenant's Violation of CC&Rs

Written by Shanna Day Team

Chris Combs On Owner Liable for Tenant's Violation of CC&Rs header image.

From the advice of one of our preferred Attorneys, Mr. Chris Combs of Combs, Gottlieb & MacQueen, P.C.:

Question: We leased our Gilbert home last summer while we were in Europe. One week after we moved back into our home, we got a notice from the HOA of a $150 fine against us because our tenant had been speeding in the community. We contacted the HOA to determine why the tenant was not being fined, and how the fine was calculated. The HOA said that the HOA only had the authority to fine us as the owner for our tenant's speeding violations. Although the HOA admitted that there was no published schedule of fines, the HOA said that a $150 fine was appropriate because the guard gate had notified the tenant several times not to speed in the community. How could we be fined when we didn't even know of the tenant's speeding problem, and there was no published schedule of fines?

Answer: First, under the CC&Rs the HOA has no authority to fine the tenant, only the homeowner who agreed to the CC&Rs when the home was purchased. If the homeowner pays the fine for a violation of the CC&Rs by the tenant, the homeowner under the lease may be entitled to reimbursement from the tenant. Second, the HOA can only enforce "reasonable" fines, and reasonable fines require a published schedule of fines, e.g., $75 fine for the first parking violation of a CC&R that prohibits parking in the street overnight, $150 fine for the second parking violation, etc. Therefore, if there was no published schedule of fines, you should have no obligation to pay the $150 fine for the tenant's speeding.

Note: More Information. Real-estate attorney Christopher A. Combs

Chris was born in Windsor, England, and lived in Germany and the Philippines before coming to the United States. He attended Arizona State University and graduated cum laude with a Bachelor of Science degree. Chris then received a J.D. degree from the University of Arizona Law School where he was a member of the Law Review.

After law school Chris was a Captain, JAG, in the United States Marine Corps. Chris was an honors graduate of the Naval Justice School in Newport, Rhode Island. Chris was also stationed in Quantico, Virginia and Camp Pendleton, California.

Chris has 20+ years of experience as a real estate broker, and as a State Bar certified real estate specialist. Chris is a former President of the Maricopa County Bar Association and a former President of the Phoenix Symphony Council.

Chris formed and operated the Arizona Association of Realtors ("AAR") Legal Hotline program which received a 90% approval rating from Arizona real estate brokers every year for more than 20 years. The AAR Legal Hotline program was the model for Legal Hotline programs in Colorado and Minnesota. Chris drafted the original nine-page AAR Residential Resale Real Estate Purchase Contract.

Chris writes a Sunday column in The Arizona Republic newspaper on real estate questions and answers.

Chris has lectured in Asia, Mexico, and Canada on the Foreign Investment in Real Property Act and other aspects of foreign investment in Arizona real estate. Chris has represented foreign investors in Arizona real estate from Asia, Mexico, and Canada.

Chris is a former member of the Pittsburgh Pirates minor league baseball organization, and was selected to the All-Marine Corps basketball team.