property damage in common area..who responsible?

[wendy128]

What is the name of your state? Colorado

Well, I am new at this. Feel free to advice/educate. Just found out that my tenant at townhouse "supposedly" damaged the mailbox a year ago when she moved in. The HOA insisted that I (as owner) am responsible for the repair, $575. How could I be responsible since I don't live there, didn't cause the damage and didn't know anything about the incident. Who is responsible? It also take them 1 year to send me a statement.

 

[You Are Guilty]

What is the name of your state? Colorado

Well, I am new at this. Feel free to advice/educate. Just found out that my tenant at townhouse "supposedly" damaged the mailbox a year ago when she moved in. The HOA insisted that I (as owner) am responsible for the repair, $575. How could I be responsible since I don't live there, didn't cause the damage and didn't know anything about the incident. Who is responsible? It also take them 1 year to send me a statement.

You are responsible for your tenant's actions. So, if the tenant doesn't pay the HOA, then they are free to come after you. If you do end up paying (either voluntarily or after you lose in court), you are entirely free to collect whatever you paid on behalf of the tenant's actions from the tenant. And if they don't pay voluntarily, you can take them to court as well (and win rather easily).

 

[HomeGuru]

I agree so read your CC&R's and get with the program.