Legal Question in Business Law in Utah

Tortious Interference With Business Relations

The owner of 6 rental units in a PUD uses a property manager to handle the rentals. The property manager habitually rents to poor quality tenants who, in turn habitually violate the association's CCRs.

Can the Association board write to the owner, pointing out the numerous rule violations committed by his tenants, and then ask that the owner consider using a different property manager who will get a better quality of tenants? Or is this considered to be Tortious Interference with Business Relations? Thanks


Asked on 2/18/06, 8:28 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Tortious Interference With Business Relations

The HOA can certainly make that request. The HOA covenants probably allow for stronger action than just asking the owner to use a different manager. Most covenants have enforcable rules that allow the HOA to take action to enforce them. If the tenants break the HOA rules the owner is liable. You should talk to an attorney and have the attorney review the HOA covenants and instruct the HOA on their rights.

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Answered on 2/19/06, 12:14 pm


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