Did you know that ten percent of the population of Kansas lives in HOAs? This is far below the national average, but it still includes a lot of people.
Homeowners associations have the ability to do a lot of things you might not have heard of. For example, they can fine you for violating rules.
If you're wondering if a homeowners association can evict you from your rental, you've come to the right place. In this article, we'll tell you if HOA evictions are possible and how they work.
Can an HOA Evict Someone?
Homeowners associations cannot evict a homeowner like a landlord would evict a tenant. This would directly violate a homeowner's rights.
However, if you are violating HOA rules then you are subject to fines. If you don't pay these fines, a homeowners association may decide to foreclose on a property, which would force the homeowner to move.
In the case of an HOA and tenants of a property, however, they have a bit more leeway. If you violate HOA rules as a tenant, they may choose to meet with your landlord. This could lead to you being evicted.
In some jurisdictions, a homeowners association has the right to directly evict a tenant in violation of HOA rules. In others, a homeowners association has the right to force the homeowner to terminate the lease.
Each HOA works slightly differently, so it's important to be aware of its rules. More importantly, be aware of your rights as a homeowner or tenant.
How HOA Evictions Work
Commonly, a homeowners association will start by fining those in violation of HOA rules. However, they cannot fine tenants. Instead, they will fine the homeowner, and the tenants may be legally responsible for paying fines.
If someone repeatedly violates the HOA rules, then the homeowners association may go to the homeowner. They will negotiate with the homeowner to see if it's possible to evict the tenant.
If a landlord agrees to evict their tenant or the HOA is allowed to evict tenants in that area, the eviction will proceed normally from that point. The tenant will be provided notice that their lease has been terminated and given a period in which they must move out.
If the tenant refuses to move out, then legal action will be taken. This typically means going to court to have the eviction enforced by law officers. The process of enforcing an eviction can be long and difficult, so you must be prepared for this.
When dealing with an HOA, it's easier to follow the rules than risk fines and evictions.
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Now that you've heard about HOA evictions and how they work, do you have any other questions or concerns? Are you in need of any of the many services we provide?
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