When a landlord has issues with a tenant, they may be able to move forward with an eviction. For example, a tenant may be violating the lease by subleasing the apartment, or they may have fallen far behind on rent with little chance of catching up.
But what about someone who lives in a homeowners’ association? HOA members must follow the rules set by the association and pay dues and fees to remain in good standing. However, they are not tenants. They actually own their homes. So can an HOA evict a homeowner?
It can be a long process
No, an HOA cannot carry out a quick eviction in the same way a landlord can. However, there are situations in which an HOA can take steps that ultimately result in a homeowner being removed from the community.
For example, a homeowner may fall behind on HOA dues or repeatedly violate association rules and accrue fines that go unpaid. In these situations, the HOA may be able to place a lien on the property due to the outstanding balances.
If the homeowner continues to miss payments, the situation could eventually lead to foreclosure. After the property goes through foreclosure, it may be sold to a new owner, and the current occupant would then be required to vacate the home.
This is a lengthy process, but it demonstrates that serious consequences can arise when a homeowner does not comply with HOA bylaws or fails to meet their financial obligations.
Addressing an HOA dispute
Situations like this can lead to complex HOA disputes. Those involved need to understand what legal options are available, and it may be helpful to work with an experienced law firm.