Mitigation of rental units
I have a rental unit attached to my unit that the previous tenant was given notice to vacate the premises due to excessive dog feces and keeping dog(s) in the garage. Only one pet per household is allowed. The unit has been vacant for over a month and the homeowner and her property management company have made no efforts to clean or mitigate the little tiny patio area that has artificial turf. The tenant was letting her dogs defecate and urinate and not cleaning the messes. No cleaning with any kind with an enzymatic cleaner has been done. This area is shared by myself and three other units with common fences. I reported this with pictures to the HOA property manager, along with Mesa’s Animal Control Unit. My question is how can I get the homeowner to properly mitigate this area? As far as I’m concerned this is a health/sanitation issue for all the units that share the area and that tenant made the space unusable.
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Carol;
Have you tried talking to the neighbor and asking them to clean up the mess? If you have and they refuse than you may need to look to the CC&R’s. is the patio identified as a common area or limited common area for the complex? If a limited common area assigned to you your neighbor and the other neighbor than typically it is the responsibility of the affected homeowners to maintain that space. Any one of you can act to clean up the mess as long as it is classified as a limited common area for the use of your unit. If the space is a limited common area assigned exclusively to the neighbors unit than you can file a complaint with the association identifying that the condition of the unit has created a nuisance that prevents you and your other neighbor from enjoying the use of your unit and the limited common area assigned to the unit. The association could then cite the owner with a violation and following the due process required by law fine the individual until it is cleaned up.
If the area is classified as common area than it is the responsibility of the association itself to maintain to space. It is most likely classified as a limited common area,
If you need help determining the classification than if you provide me a copy of your CC&R’s i’ll read them and let you know how the patio is classified. Use the help@azhoc.org email to provide me access to your community documents.
Hopefully this helps
Dennis