Who Pays HOA Fees and Fines?

Updated 10 days ago (March 6, 2026)

HOA collects monthly fees to cover the maintenance of public areas, buildings, amenities, and other expenses incurred by the community. You will need to specify who is responsible for paying the HOA fees in the lease agreement. Most landlords choose to pay the HOA fees directly and raise the monthly rent to cover this cost. Most landlords prefer to be responsible for payments, because late payment on HOA fees will incur fines. The HOA may also fine residents for breaking the Covenants, Conditions, and Restrictions (CC&Rs). For this reason, you should set up a system for dealing with HOA fines incurred by your tenant. If your tenant is responsible for all HOA fines, you should include the notification and payment procedure in the lease. You should also include a copy of the HOA CC&Rs with your lease and go over it with your tenants prior to signing. You don't want tenants pulling out of a lease within the first month because they aren't comfortable living under specific HOA rules.

Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.

State-by-State Guide

Laws on this topic vary significantly by state. Select a state below to read about its specific laws and statutes.

StateState-Specific Guide
California California Security Deposit Laws for Landlords, California Rent Increase Rules for Landlords, California Landlord Maintenance and Repair Obligations, California Lease Agreements for Landlords, California Eviction Process for Landlords, California Landlord Entry Rules and Tenant Privacy
New York New York Security Deposit Laws for Landlords, New York Rent Increase Rules for Landlords, New York Landlord Maintenance and Repair Obligations, New York Lease Agreements for Landlords, New York Eviction Process for Landlords, New York Landlord Entry Rules and Tenant Privacy
Texas Texas Security Deposit Laws for Landlords, Texas Landlord Maintenance and Repair Obligations, Texas Lease Agreements for Landlords, Texas Eviction Process for Landlords, Texas Landlord Entry Rules and Tenant Privacy
Florida Florida Security Deposit Laws for Landlords, Florida Landlord Maintenance and Repair Obligations, Florida Lease Agreements for Landlords, Florida Eviction Process for Landlords, Florida Landlord Entry Rules and Tenant Privacy
New Jersey New Jersey Security Deposit Laws for Landlords, New Jersey Rent Increase Rules for Landlords, New Jersey Landlord Maintenance and Repair Obligations, New Jersey Eviction Process for Landlords, New Jersey Landlord Entry Rules and Tenant Privacy
Illinois Illinois Security Deposit Laws for Landlords, Illinois Rent Increase Rules for Landlords, Illinois Landlord Maintenance and Repair Obligations, Illinois Eviction Process for Landlords, Illinois Landlord Entry Rules and Tenant Privacy
Massachusetts Massachusetts Security Deposit Laws for Landlords, Massachusetts Landlord Maintenance and Repair Obligations, Massachusetts Lease Agreements for Landlords, Massachusetts Eviction Process for Landlords, Massachusetts Landlord Entry Rules and Tenant Privacy
Pennsylvania Pennsylvania Security Deposit Laws for Landlords, Pennsylvania Landlord Maintenance and Repair Obligations, Pennsylvania Lease Agreements for Landlords, Pennsylvania Eviction Process for Landlords, Pennsylvania Landlord Entry Rules and Tenant Privacy
Washington Washington Security Deposit Laws for Landlords, Washington Rent Increase Rules for Landlords, Washington Landlord Maintenance and Repair Obligations, Washington Eviction Process for Landlords, Washington Landlord Entry Rules and Tenant Privacy
Maryland Maryland Security Deposit Laws for Landlords, Maryland Rent Increase Rules for Landlords, Maryland Landlord Maintenance and Repair Obligations, Maryland Eviction Process for Landlords, Maryland Landlord Entry Rules and Tenant Privacy