Does the homeowners association have the right to evict us if you are not in foreclosure with your mortgage company?

Answer 1

Read your governing documents to determine whether or not your association holds 'the right of first refusal', or may hold other rights that can be exercised prior to your right to sell.

If you owe the association money, the association may file a lien against your title, which clouds it, and which must be satisfied either before or during the sale, so that the association is paid in full. (This will not stop the sale, only add steps to the sale.)

If your property is still under declarant/ developer control, there may also be conditions on its sale that must be met before you can sell.

Finally, you may need the advice and guidance of an association-savvy attorney to review your particular situation, if you believe that your association is preventing your sale in an illegal manner.

Answer 2

Evicting a home owner from a community is a dramatic action for an association to take against one of its members.

Your governing documents offer many options for helping owners understand their requirements to live in the community according to the community's guidelines. Apparently, an owner lives in your community who does not 'abide by the rules'.

The association can issue notices of violation and levy fines against errant owners.

If an owner is simply unpopular, complains consistently and makes life in the community hard for other residents, it's possible that the community will simply be forced to continue life with such a neighbor.

However, if an owner compromises the security and safety of the community, for example, with criminal behaviour, and the association has involved legal authorities, it's possible that the association's attorney could assist the association in removing such an errant owner.

Answer 3

This is a complicated legal issue that is addressed by state law and those laws vary.

Generally, eviction means to dispossess a person of land or rental property by the landlord. Eviction is not the appropriate term to use regarding a homeowner's association since the unit or lot owner is not a tenant. Generally, to forcefully take real property from its legal owner would require the formalities of a full trial in a court of equity. The homeowner's association could only take title by a resulting court order.

The homeowner's association could bring a lawsuit for delinquent dues and win a judgment. It would then need to seize the property if the judgment remains unpaid. However, that process would not vest full title in the association.

Some states provide for a complicated eviction process by an HOA. However, it seems more for forcing an owner to pay up and for taking possession of the unit to acquire the rental fees. In order to acquire good title, HOAs typically follow a defined lien and foreclosure process. (See related link.)

You need to consult with an attorney who specializes in real estate law who can review all the details of the situation and explain your legal options.

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Answer 4

A homeowners association has powers that are granted by the home owners and agreed to when you move in. You need to examine your agreement or talk to a local attorney.