A homeowner association (HOA) is created to enforce certain rules and regulations on the homeowners within its jurisdiction. But, what happens when a tenant is renting a home within a homeowner association? Can an HOA evict a renter? The landlord or homeowner would need to be consulted before any decision is made, as they are the only ones with the legal rights to evict a tenant.
However, homeowner associations (HOAs) have the authority to proceed in certain circumstances. If an eviction is haunting you and you are facing such a difficult process where HOA is involved, below we highlighted the most common situations where they can take action against a tenant.
1. Non-payment of dues or fees
Homeowner associations require all tenants to pay a monthly fee for the upkeep of the building or development. Just like in the case of rent arrears, if a tenant fails to pay their dues for several months, the HOA has the right to initiate the eviction process. There are services like these that can help stop an eviction if needed.
2. Violation of rules and regulations
HOAs have rules and regulations in place to ensure that tenants are living in a safe and secure environment. If a tenant violates these rules and regulations, they can take action, which can include initiating an eviction.
3. Unapproved changes to the property
Homeowner associations typically have certain rules regarding any changes that may be made to a property. If a tenant makes any modifications to the property without approval from the HOA, they can be evicted.
In all of these situations, the HOA must take certain steps to ensure that they are following the proper legal procedures. This typically includes giving the tenant a certain amount of time to correct the issue before proceeding further. Evicting a tenant is not something that the HOA takes lightly, but it is necessary in certain circumstances. If you are a tenant and find yourself in any of the above situations, it is important to rectify the issue as soon as possible.
Can the HOA actually evict a renter? As mentioned previously, this depends on a few different factors. In some cases, an HOA may have the authority to evict a renter on behalf of the homeowner, especially if the tenant was not adhering to the rules and regulations of the HOA, like maintaining the exterior of the property or in case of nuisance. However, no matter the circumstances, the HOA would need to consult with the homeowner before taking any action.