Can Your HOA Kick You Out of a Property?

Can Your HOA Kick You Out of a Property?

Is your Cincinnati, OH home part of an HOA community? If so, a word of advice: don't give your HOA a reason to evict you.

First things first: why would your HOA want to kick you out? Well, the purpose of an HOA is to maintain a certain standard of living. By agreeing to join an HOA community, you agree to follow the rules that make that happen.

If you break these rules, the HOA can take disciplinary measures. Read on to find out when these measures can include HOA evictions.

Can an HOA Evict a Homeowner?

Technically, an HOA can't evict a homeowner. What they can do, however, is enact an HOA foreclosure on your property.

See, when you break HOA rules and regulations, the HOA will fine you. The goal of this fine is to make you correct the issue, not force you out. This is why most HOA rulebooks specify things like late payment penalties.

If you don't pay this fine, the HOA will likely put a lien on your home. This will prevent you from selling or refinancing your home before paying the lien. More importantly, an active lien means the HOA can foreclose on the home.

Foreclosures come in two types: judicial and non-judicial. The former means your HOA can sell your home to pay off the lien. A non-judicial foreclosure means the HOA can sell the home without involving the court.

Can an HOA Evict a Tenant?

Some HOA members rent out their property to create rental income. In this case, the homeowner becomes responsible for the tenant's actions.

If a tenant breaks an HOA rule, the HOA doesn't have the authority to evict them. Only the homeowner can make this decision. If they don't deal with the situation, though, the HOA can still place a lien on their property.

If you intend to rent out your property, look for tenants who can obey HOA regulations. You should also check with your HOA to ensure your rental strategy won't affect property values.

How to Avoid HOA Fees

Are you facing one or more HOA violations? If so, there may be a few ways to get out of paying HOA fees without going through the eviction process.

First, there's a chance the fees may violate local or state laws. For instance, there could be a limit to how much your HOA can raise your fees. In this case, you won't have to pay the excess amount.

If the fee itself violates HOA rules, you can appeal to the HOA board. This is particularly effective if you're an HOA board member yourself. If the board doesn't nullify the fee, you can also file suit in a civil court.

If you're facing financial hardships, the HOA may make special arrangements. This includes payment plans and other deferment measures.

HOA Evictions and You

Though an HOA can't directly evict you, they can make you sell your home. The above guide will help you prepare for this process or avoid it completely.

Need professional help with dealing with HOA evictions in Cincinnati? Our team of experts at PMI Gatekeeper Realty Services can guide you through this entire process! Contact us here to learn more about our services!