There are over 350,000 homeowners associations in the country, accounting for over 70 million Americans.
Each community association is subject to unique governing documents that tell homeowners what they can and can't do. Some HOA rules and regulations pertain to landscaping and maintenance, while others pertain to rentals and pets.
Disobeying your HOA governing documents can result in fines and penalties from your leadership. Sometimes they can even result in HOA evictions. In today's post, we'll explain the process as well as the legalities involved in the HOA eviction process.
Keep reading and you'll understand homeowners' rights and get some legal advice for HOA living along the way.
HOA Governance
HOA governing documents are in place to help the community function properly. All homeowners are held to the same standard, thus ensuring a consistent quality of life for everyone. To maintain this consistency and the integrity of the HOA, rule breakers must be punished by the board of directors.
Often, violations involve failure to pay HOA dues on time. Other violations depend on the specific rules your HOA has laid out. Usually, when someone breaks a rule, they receive a warning. It's when these warnings go unheeded that serious problems can arise.
The Consequence of Breaking the Rules
Everyone missteps from time to time. As long as you quickly rectify the problem - such as making a due payment you forgot about - there will be no further action. If you don't rectify the issue or keep breaking the rules, you'll be subject to consequences.
These consequences should also be laid out in the governing documents. It could be a fee, some form of punishment, or in serious circumstances, HOA eviction.
HOA Evictions, Explained
The HOA eviction process can be confusing for homeowners. After all, you've paid for your home, so it doesn't seem fair that someone could evict you from it.
When you join an HOA, however, it's clearly stated that you must follow the same rules as all other homeowners. As long as the HOA follows due process and issues a warning first, they can then escalate the situation and sue for eviction.
For example, if the homeowner refuses to pay their dues, the board can put a lien on their home. If enough time goes by and the homeowner fails to pay the lien, the community can foreclose on the home. This process goes through the court system and the homeowner in question could lose their property.
It's also worth noting that HOAs can carry out evictions on renters as well. If a homeowner rents their home and the tenant breaks the governing documents, the community may evict them.
How Property Management Can Help
HOA evictions can be stressful for everyone involved. Often, an ill-equipped HOA board will struggle to take action against rule breakers to avoid power dynamic issues in the community. If this describes your HOA board, you may need to hire property management.
A great HOA manager, like PMI Salt Lake, understands how important these legal documents are. They'll have no problem issuing fines, penalties, and even HOA evictions to homeowners who can't follow the rules. This, in addition to our many other HOA services, can benefit your community.
To learn more about how we can improve your HOA, contact us today.
