When an individual purchases a property within a homeowner association’s jurisdiction, they automatically become members. A homeowner association (HOA) is responsible for ensuring that the community is functioning smoothly and looks its best.
To perform its job effectively, however, a HOA must have some authority that is usually articulated in its rules and bylaws. But can the HOA kick a resident out of their property?
HOA and the tenant
When a tenant rents property, chances are they will sign a lease agreement that outlines the rental terms as well as what they can (and cannot) do on the property and, by extension, the neighborhood. If the tenant in question violates the association’s rules, the HOA may seek an eviction. For this to happen, however, the HOA will need to go through the tenant’s landlord. This is because the HOA is in an agreement with the property owner, not the tenant.
HOA and the property owner
When an individual purchases a property, they typically agree to abide by the community rules and regulations as set for by HOA bylaws. If they violate HOA rules, the association may fine them. If they do not pay these fines, the association may seek to foreclose their property to recover the amount in question, and this could force them out.
It’s important to understand that the association’s main goal is to get the property owner to resolve the issue in question rather than to see them leave. Thus, a property owner has a right to appeal the fines in question or rally the community to vote to amend the specific bylaw that got them in trouble.
These situations can soon get complicated and other residents may also become involved. Getting help to understand your options and the steps you can and cannot take is best.