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The HOA should consult a real estate attorney immediately. Any "self help" actions by the HOA could have severe consequences: that is, the evicted renter could sue the HOA for constructive eviction.
Wiki User
∙ 15y ago
Wiki User
∙ 13y agoLeaving eviction to the association only makes the eviction more complicated and costly, since all owners, then, pay the costs associated with the task.
Best practices dictate that the owner be charged with the eviction task, and be fined for every day past the deadline that the errant tenant remains a resident.
In order to charge an owner with eviction, the board must justify abuse of the governing documents by the renter, and have requested that the owner require the renter to conform to them under the threat of eviction.
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Can a home owners' association prohibit jogging on streets?
They can if the streets are owned by the home owners' association rather than by a municipality.
What is the web address of the Dennisville Historic Home Owners Association Inc in Dennisville New Jersey?
The web address of the Dennisville Historic Home Owners Association Inc is: http://dhhoa.dennistwp.org
Does South Dakota law require a Home Owners Association to be incorporated?
Generally, according to the site, below, Articles of Incorporation are required for any home owners association. An association-savvy attorney in North Dakota will be able to answer your question with precision.
Can the renter make the tenant pay for the home owners insurance?
No. If the tenant does not own the building they legally cannot be responsbile for the insurance on the building.
Can you withdraw from your home owners association?
Yes. You can withdraw by selling your unit. Your unit is permanently connected to the association, by law.
Where is the Dennisville Historic Home Owners Association Inc in Dennisville New Jersey located?
The address of the Dennisville Historic Home Owners Association Inc is: Po Box 311, Dennisville, NJ 08214-8214
Where would you find grants for a Florida Home Owners Association?
Although your association may be a valid Florida non-profit corporation, grants are not generally a source of income. Association income is based on assessments paid by owners.
How long does it take to evict someone in Nevada from a mobile home?
What is the law to evict someone from rental home
What do you do when being harassed by your home owners association?
Your home owners association may be requiring you to follow your governing documents. You can ask for a clarification of the violation for which you are being notified. Further, read your governing documents so that you understand the process the board can follow when 'curing' a violation. If you believe that contact from the home owners association is valid 'harassment' -- that you are not in violation of any covenant, condition, regulation, restriction or by-law -- you can involve the police.
Can you evict a spouse if the house if is in foreclosure and he moved his girlfriend in the house and while wife is working out of town house is in the spouse name and wife is on the deed?
One can evict a renter or a squatter, but not an owner of the property. However, you should consult with an attorney in your area who can review your situation and explain your rights and options. You do not have to allow a stranger, the girlfriend, to live in your home.
Can a Home owners association require home owners to purchase liability insurance other than homeowners insurance?
Your answer depends on the association's motivation for the request. If, for example, you are proposing a major project that can hamper, harm or otherwise use common areas -- including roads and landscape owned by the association -- the association may require that you insure these assets. Your broker and the association's broker can work out the details and concretize the requirement.
Can Home Owner Association charge attorney fees to homeowners for a citation written by a lawyer?
Read your governing documents to determine how the fees should be charged, whether they should be charged to a limited number of owners, or to all owners in the association. Apparently, a citation was required to settle a difference of opinion among owners, or between owners and the board. Yes, this is association business, and yes, the fees should be charged to owners.
