Homeowner associations (HOAs) are responsible for enforcing rules to maintain community standards and property values. A homeowner who repeatedly violates HOA rules can disrupt the environment and affect community standards. An HOA may consider taking legal action to evict a homeowner who simply won’t comply with the HOA’s rules.
However, evicting a homeowner is not the same as evicting a tenant. Here are the basics:
The process of an HOA foreclosure is lengthy
Homeowners in HOA communities have rights that tenants do not. An HOA cannot force a homeowner out of their home simply because they violated HOA rules. Instead, the HOA has to take a circular route to the process, which starts with the enforcement of rules or the imposition of fines. Fines may eventually pile up and go unpaid, leading to a lien on the property by the HOA – and that can eventually allow the HOA to initiate a foreclosure.
There are a few common reasons to enforce HOA rules, including:
- Unpaid fees: Homeowners are typically required to pay monthly fees to fund maintenance, insurance and other community-related expenses. Unpaid balances can build up and lead to collection efforts and liens.
- Rules violations: Homeowners typically have rules that restrict noise, property maintenance, parking and other potential issues. If these rules are repeatedly violated, the homeowner may face fines.
- Unauthorized property modifications: Homeowners may have rules that limit how they modify their home. Modifications to a property may need to be reviewed by an HOA before any work is done. If a homeowner fails to seek approval, they could be fined for breaking HOA rules.
An HOA may need to take legal action against a problematic homeowner. Professional legal guidance can help HOAs hold homeowners responsible for violations and take control of difficult situations.