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Can condo associations evict unit owners?

On Behalf of | Oct 18, 2024 | Condominiums & Cooperatives |

Living in a condo instead of a house has several advantages, from shared amenities to peace of mind regarding maintenance or repair expenses. These perks come with certain obligations, though. Chief among these obligations are paying the association dues and following condo regulations.

But what happens if these rules and obligations are broken? Can condo associations can evict unit owners for breaking the rules? Here’s what you need to know.

No direct eviction for condo owners

Much like homeowners associations, condominium associations generally do not have the power to directly evict condo unit owners – at least, not in the same way a landlord can evict their tenants. Condo associations often impose fines on unit owners for severe or repeat violations. If necessary, you may also file a lawsuit in severe cases.

Taking out liens as an alternative to eviction

Although condominium associations do not have the right to evict condo unit owners, they can do something similar. Condo associations can take out a lien on the unit for missed assessment fees or violation fines. Doing so will initiate the foreclosure process.

Generally, associations can still take out a lien on a condo property even if the owner has a mortgage. If they fail to settle their due payments, the condo property can get foreclosed and the owner may be forced out of their home.

Possible eviction for condo tenants

Condo associations have more direct power over non-unit owners or tenants. If the person living in the unit only leases it from the condo owner, the association can evict them from the property. Associations may do this over missed payments or other rule violations.

However, the association often needs to do this through the condo unit owner or the tenant’s landlord. This is because the lease agreement is with the unit owner, not the condominium association.

Learn your rights to prevent potential issues

Whether it is with a condo unit owner or a tenant, forcing people out of the condo property is typically a last resort. Condominium associations can resolve most problems by talking with the individuals involved. In case of serious issues, it is better to seek legal counsel to better understand Texas laws on condominium associations and ensure your actions are fair and legitimate.