“Is this the airport, Clark?” – Aunt Bethany

Your guests have arrived and you’ve just spent that last ten hours Griswolding your home and now you and your company are standing in the front yard ready to bask in the warm glow of a million tiny lights, when your neighbor strolls over and says, “I wouldn’t do that. The homeowner’s association won’t allow it. Oh, and you can’t park there.” What? But you nearly died placing those reindeer on the roof! And where are all these people supposed to park??

VANCOUVER - DEC 16: This home is one of many on the tour of most

Beloved by some, and loathed by others, homeowners associations or HOAs seem to be misunderstood and ubiquitous these days. If you live in a community subject to a homeowners association or are thinking of moving into one that does, it’s a good idea to get a lay of the land before you make your move…or try to clamber up on the roof with those reindeer.

Some things to think about are:

  1. Have you read a copy of the rules and restrictions?
  2. Does the homeowners association require advance notice or written approval for certain activities?
  3. Are there parking restrictions that could lead to trouble for you or your guests?
  4. Are there any limitations about the type of signage or decorations you may display in your yard? Must signs or decorations be approved by the HOA in advance?
  5. Are there any provisions prohibiting special activities in or around your home (i.e., no burning the yule log out back)?
  6. Are you subject to possible fines for non-compliance?

By understanding in advance what sort of things may and may not be allowed, homeowners or potential homeowners can reduce the possibility of misunderstandings and disputes that can arise from some of the activities we are often accustomed to doing without a thought. You can’t always control whether you live next to the Chesters, or the Griswolds for that matter, but you can at least understand your rights. If you have questions about your HOA, contact the attorneys at McBrayer today.

CRichardson

Christopher A. Richardson is an associate at McBrayer, McGinnis, Leslie & Kirkland, PLLC in the Louisville, KY office. Mr. Richardson concentrates primarily in real estate, where he is experienced in residential and commercial closing transactions, landlord/tenant relations, and mortgage lien enforcement/foreclosure. Mr. Richardson has closed innumerable secondary market and portfolio residential real estate transactions and his commercial practice ranges from short-term collateralized financing and construction lending to development revolving lines of credit. He can be reached at 502-327-5400 or crichardson@mmlk.com.

This article is intended as a summary of  federal and state law and does not constitute legal advice.

Tenant Absence During the Lease Term: Protecting Your Property

Every landlord’s goal is to have his/her rental property under lease and occupied by tenants who will not only pay their rent on time, but who will properly use and maintain the property. After all, the property is an investment by the landlord of both time and money. While landlords typically relate property damage to tenants’ use of the property (i.e. throwing wild parties or vandalism), nonuse can also result in significant damage to the property, not only causing damage to the structure itself, but a diminution in value of the property overall. This is especially true during the winter months. For example, a tenant may take an extended vacation for the holidays or even abandon the property altogether. Any time a property is unoccupied for an extended period of time, maintenance issues may go undetected and/or other problems may arise unbeknownst to the tenant(s) or the landlord. These issues/problems may include the heat being turned off by the tenant, running water left on, a leaky faucet, a stove being left on, an electrical issue, or the shut off of one or more utilities by the respective utility company for nonpayment. Such issues can result in damage to the property, including, but not limited to, frozen/burst pipes, flooding, or fire. Moreover, the damage can extend to other units and/or affect the safety of neighboring tenants. Thus, it is important for a landlord to know when a tenant is going to be gone for an extended period of time.

Grey Mailbox full of mail isolated on a white background

In Kentucky, pursuant to the Uniform Residential Landlord and Tenant Act (“URLTA”)(KRS 383.505 to 383.705)[1], unless otherwise agreed to by the landlord, the tenant is required to occupy the property in a residential capacity throughout the entire lease term.[2] Furthermore, the landlord is permitted to include a provision in the lease agreement requiring the tenant(s) to provide the landlord with advance notice of any extended absence from the property in excess of seven (7) days.[3] This notice serves as a protective measure in that it allows the landlord to stay apprised of the condition of the property and any maintenance issues which may arise during the tenant’s absence. However, such a requirement must be included in the lease agreement to be enforceable.

In the event that a tenant is absent from the property for more than seven (7) days and has not provided the landlord with the notice required by the lease agreement, the landlord may recover from the tenant actual damages incurred as a result of the tenant’s absence.[4] Also, during such absence, the landlord may enter the property at times reasonably necessary to perform an inspection and/or address any maintenance issues.[5]   The landlord is also entitled to access the property at any time in the event of an emergency.[6] Should the landlord determine that the tenant has abandoned the property, the landlord may, in addition to accessing the property for inspection/maintenance issues, seek to recover possession of the property pursuant to the eviction process.

Requiring tenants to provide notice to the landlord of any extended absence from the property is a safeguard to both the property and neighboring tenants. It not only allows for proper maintenance of the property itself, but provides protection of the landlord’s investment.

BYates

Brendan Yates joined the Lexington office of the firm as an associate in 2002. Brendan is a member of the firm’s Litigation Department, where he focuses his practice on construction and real estate litigation, workers’ compensation defense litigation, insurance defense and commercial litigation. He has successfully defended his clients in state and federal courts, the Kentucky Court of Appeals, the Kentucky Supreme Court, and in administrative agency proceedings in Kentucky. He can be reached at byates@mmlk.com or (859) 231-8780, ext. 208.

This article is intended as a summary of state and federal law and does not constitute legal advice.

[1] Please note that the URLTA governs counties who have expressly adopted it. This article assumes adoption of the URLTA and is based on its provisions.

[2] KRS 383.620.

[3] KRS 383.620.

[4] KRS 383.670(1).

[5] KRS 383.670(2).

[6] KRS 383.615.