Understanding HOA Evictions: A Guide for Homeowners

HOAs can have plenty of benefits for homeowners, such as maintenance and community amenities. However, facing an HOA can be tricky and scary, especially for serious issues like an eviction.

HOA eviction tends to be different from what many people know the typical process to be. That's why it's so important for homeowners to understand an HOA eviction and their rights in the situation.

This guide will share everything homeowners in an HOA should know about the eviction process.

What Is an HOA Eviction?

HOA evictions are different from the evictions that many people think of. A homeowners association is not able to evict a homeowner from their property like a landlord can evict someone from a property.

Since the HOA does not own the home, they cannot evict someone from living on the property. However, homeowners agree to HOA rules when they purchase a property in the community.

The term HOA eviction can be misleading since the association cannot command the person to move out. Instead, an HOA will push for the homeowner to correct the issue.

However, HOAs can foreclose a property by placing a lein on the home, which can lead to residents having to leave the property. HOAs also have the power to remove a tenant if they are leasing a property.

Why HOA Residents Can Be Evicted

Speaking in general terms, a resident can be evicted for continuous violation of HOA rules. An HOA community usually sends proper warnings when a homeowner is in violation and there are often fees involved.

Failure to fix the offending issue or pay the fees can start the process of receiving notices. Multiple missed notices can result in further actions, such as leins that can lead to foreclosures.

Homeowners' Rights Within an HOA

Not paying HOA fees, dues, or penalties can lead to violations, liens, and foreclosures. Homeowners in an HOA community do have the right not to pay fee disputes in certain situations.

If the fees violate state or local laws, the homeowner is not liable to pay illegal portions or excess amounts, such as if fee increases are capped by law.

Similarly, if the fee violates HOA rules or bylaws, homeowners can often appeal. The homeowner can also file in civil court if the board does not reverse the violating fee.

In the case of financial hardship on the part of the homeowner, an HOA should provide payment plans.