Living in an HOA community can come with lots of rewards. It's a style of living many embrace, offering a close-knit neighborhood and communal facilities.
The shadow of an eviction process might seem distant and unlikely, perhaps even unthinkable. But it's important for all owners to arm themselves with the facts on HOA communities and evictions.
Here are four things that homeowners should know about the processes and rules governing HOA evictions.
1. Understand the Law On Evictions
HOAs must abide by state law before beginning an HOA eviction process. So, it's worth understanding when an HOA can and cannot evict someone from a property.
Eviction grounds can include non-payment of HOA fees or if a tenant has broken HOA rules, like illegal activities within the property or excessive noise. Property damage beyond wear and tear is also a common reason for evicting someone.
However, you cannot evict someone without just cause or because of a personal dispute. And you cannot discriminate against tenants.
2. The Eviction Process
There are also laws around how a HOA can evict a tenant. First, there is the notice period. A HOA must always give written notice before evicting someone, and that notice should outline the reason for the eviction.
That allows the tenant time to remedy the issue (like catching up on owed fees) and avoid eviction.
Next, the tenant has the right to a hearing before the HOA board. That will allow them to present their case and for the HOA management to decide whether to proceed with the eviction.
If the HOA wants to continue with the eviction but the tenant doesn't rectify the complaint, the HOA can place a lien on the property. In rare cases, the HOA may be able to foreclose on the property, depending on the HOA community rules.
3. Consequences from HOA Evictions
There are long-term consequences for a tenant following an eviction. It could have financial implications beyond the cost of moving.
For example, it could impact their credit score. There are also legal costs involved in the eviction process.
4. Taking Steps to Avoid Evictions
Eviction should always be a last resort because it's costly and time-consuming and can cause stress for all parties. Communicating effectively with tenants is the most crucial step for an HOA to avoid an eviction process.
Make sure the HOA communicates all relevant information about rules and regulations. That might be via newsletters, notices, and emails. An online portal is also a good idea.
If tenants are breaking the rules, the HOA's first step is to have a direct conversation and supply them with another copy of the latest HOA rules and regulations.
HOA Evictions: Protecting the Community
A clearly defined process for HOA evictions is a necessary part of any well-managed association. While evictions may be rare, it's best to prepare for any eventuality.
Many HOAs prefer to use professional teams with experience in the legal and technical process of an HOA eviction in Killeen, Texas. That's something our expert teams offer at PMI Phantom Realty. You can find out more here.
