Legal Question in Real Estate Law in California

California HOA

I own a house in a gated community (HOA). The house has been a rental and is not my primary residence. The HOA requires a copy of the landlord tenant agreement (lease) to be submitted upon tenant occupancy this transfers the enjoyment of the amenities from the owner to tenant. A refundable deposit by the tenant is held by HOA to cover any unpaid fines or fees and is refunded at the end of tenancy.

I received a letter from the HOA stating a speeding ticket was issued to a guest of the tenant within the compound. If payment was not received by 30 days a lien would be placed on the property.

I contacted the association and was advised a new �Association rule� was passed holding the owner of the property liable for tenant actions.

The delicate landlord tenant relationship is based on good faith and fair dealing. This is clearly the objective of the California DCA (www.dca.ca.gov). The new �HOA rule� erodes the DCA objective forcing liability on the property owner.

Is this Legal? What is the extent of my liability as owner?

Thanks

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