Living in an HOA has many benefits, including enhanced security, convenient amenities, and stable property values. It also comes with many rules and regulations that everyone must abide by.
Failure to toe the line can result in severe penalties and even cause the homeowner to lose their place in the community.
In the strictest sense, HOA evictions are illegal, as an HOA can't evict a homeowner from their property. HOAs also have no legal power over a tenant renting from an HOA homeowner.
There are ways that an HOA can get rid of non-compliant homeowners and tenants; read on to find out how.
1. HOA Evictions Are Different
HOA board responsibilities include upholding the association's CC and R's. These regulations ensure that all community members benefit equally from living in an HOA.
One of these rules involves paying toward the upkeep of facilities in the form of annual HOA fees. These fees pay for maintaining and repairing common areas.
Other rules apply to the use of the facilities and the adherence to certain architectural guidelines. Anyone who doesn't comply with these laws may be subject to fines, but the HOA can't evict them.
These fines, along with unpaid HOA fees, can lead to the removal of non-compliant homeowners from a community.
2. HOAs Can Foreclose on Homes
HOAs can place a lien for unpaid fees, fines, interest, and attorney's fees against a homeowner's property. Under Texas law, this isn't an automatic right, and the HOA must first provide the homeowner with two written notices.
The second notice may only be sent thirty days after the first, and both must be sent by certified mail. The HOA may only file a lien 90 days after sending the second notice.
When they've completed these initial steps, an HOA can reclaim the money owed to them by foreclosing on the offending homeowner's property. This is usually a judicial procedure and involves filing a lawsuit against the property owner.
If the court rules in the HOA's favor, the court will order a constable or sheriff to seize and sell the home at a public auction. The HOA can claim their outstanding amount from the sale proceeds.
This process usually takes about six months.
3. Homeowners Can Avoid Evictions
Under Texas law, HOAs must allow homeowners to commit to a payment plan for settling overdue assessments and fees. So, homeowners must reach out to their board to discuss their past-due amounts and the reasons for non-payment as soon as possible.
It's always preferable for an HOA to accept smaller payments rather than go through a drawn-out legal process to acquire their fees. HOA liens and foreclosures are stressful, costly, and frustrating for everyone involved.
Efficient HOA Management Ensures Smooth Operations
No HOA board wants to undergo the unpleasant and time-consuming task of foreclosing on a homeowner's property.
The only way to avoid HOA evictions is by ensuring your community residents pay their HOA fees on time. An HOA manager can help facilitate this with open communications and by following up promptly on past-due fees.
PMI Bluebonnet Realty offers a complete package of solutions for Spring Branch homeowners associations, backed by over 20 years of real estate experience. Discover the secrets of harmonious HOA relations today.
