My apartment manager, who so happens to be the director of the HOA although no homeowners actually live in the units…recently adopted a no smoking policy. She mentioned this was going to happen as she handed me a lease. Nothing at all in the new lease about this new policy, but she had apparently mailed a letter the very same day with this new rule. Wouldn’t she legally have to give me the letter BEFORE signing? Don’t leases have to expire and be re-newed to make rule changes? No one has been asked to sign the new rule either.
I should note, I assumed the no smoking was for decks, outside stairs, or by windows as she has mentioned she wanted to do many times. This rule even bans having a cigarette in our cars pulling in or out of the driveway. She also stated there would be a “very nice smoking area with tables and chairs”. Welll..this “very nice area” is ten feet from railroad tracks and a major street. The chairs consists of large cement blocks and raw wood, currently there is snow a foot deep in this area.
My question is, can she legally change a lease without agreeing to it in writing? Is this grounds to get out of my lease? And, isn’t it a conflict of interest to be the sole leasing agent, and owner of the property management with no other employees and the director of an HOA which the managers husband has said has one person..the manager.
I should add details, I have never smoked inside, that is in the original lease which I followed as I hate smoke inside and I have children.
The problem is according to the new rule there is no smoking anywhere at all. She claims it is an HOA rule, therefore not a lease change as we agreed to follow HOA rules. It gets trickier. This so called “HOA” hadn’t filed papers with the state for over two years when this was passed. I mentioned this to her as I was trying to find the HOA director, which so happens to be the sole employee/owner of the property management company.
From what I understand if there is a violation it is against the owner, but I don’t have a clue who owns this place and she refused to tell me. Any tax records are listed under the property manager/HOA director. Building permits are under yet another delinquent company with the same person.