More than one-quarter of the U.S. population now lives in a neighborhood governed by a homeowners' association (HOA). These provide many benefits, including better home-value retention.
They also require a lot of work and responsibilities. In rare instances, these can include HOA evictions.
If you are an HOA board or other community member interested in what this process entails, keep reading. This article covers the basics of HOA evictions, including what responsibilities HOA boards have. It will help you put policies in place to protect your Hoover HOA.
HOA Authority
First, it is important to note that, while all HOA bylaws are different, associations have the authority to enforce community standards. This can extend to evicting property owners or tenants who habitually violate HOA rules in Hoover, AL, or fail to pay associated fines or penalties.
Common Reasons for Eviction
Eviction can be for violating any HOA standards. However, violation of rules is one of the most common reasons.
These can be standards related to maintaining their property. It can also include noise complaints or improper use of the property, such as illegal activity.
The other main reason a board might pursue HOA evictions is for nonpayment of dues or fines. HOAs rely on fees for community upkeep, maintenance, improvements, and administrative costs. Residents who fail to pay could face legal recourse, including eviction, by the HOA.
Homeowner Rights
It is important for board members to understand the rights of property owners. First, most HOA bylaws grant residents the right to a hearing before the board. This gives them the opportunity to dispute any violations or fines.
Next, HOAs have the responsibility to give adequate notice to residents who are in violation. Also, homeowners have the right to legal representation to challenge the HOA's actions.
Finally, state community association laws can vary regarding HOA powers and homeowner protections. It is vital that board members become aware of their state laws and how they apply to their situation.
HOA Eviction Process
There are procedures that HOA board members must follow before eviction becomes necessary. First, they must send notice of violation to the homeowner. It must detail the infraction and request corrective action.
The board can then levy fines and penalties. If this fails to address the problem, the HOA board should seek legal counsel.
This will likely involve filing a lawsuit to recover unpaid dues or to enforce compliance with community standards. Finally, the HOA can initiate foreclosure proceedings, if necessary. This can result in the homeowner losing the property.
Note that many states, including Alabama, offer mediation services to help resolve disputes. This is an opportunity for HOAs to avoid costly court proceedings and settle the issue out of court.
Learn More About HOA Evictions in Hoover
Now that you understand the ins and outs of HOA evictions and board member duties, you can put in place the right policies and procedures. Understanding tenant rights and board member responsibilities is the first step to ensuring your HOA is protected.
PMI Birmingham Region specializes in association management for HOAs, including property-owner, condo, and commercial associations. We pride ourselves on offering comprehensive services but tailoring them to each association's unique needs.
Reach out to us today for more HOA management tips or to schedule a free consultation.
