As HOAs grow in popularity around the country, so do the responsibilities of each HOA board. One of the most difficult tasks any board deals with is HOA evictions.
How can you grow a successful community if the fear of eviction is right around the corner?
That's what we're here to help you figure out. Keep reading to learn everything you need to know about HOA evictions in Austin and how to approach them in a way that doesn't divide your community.
1. Owned Property
The first thing to understand is that HOAs don't have the power to evict property owners from their homes.
Since the homeowner has joined and agreed to the policies of the HOA, there are steps the community can take in response to wrongdoings. However, they cannot outright choose to evict the owner.
Instead, HOAs can place a lien on the property in question, and then attempt to get a court order to foreclose the house. This order needs proof to back the reasoning behind the foreclosure.
The homeowner in question should receive the order with plenty of time to react to the situation. The homeowner may have the right documentation to defend themselves against this order and you'll need to find a compromise to pay the overdue fees and fines.
2. Leased Property
A tenant leasing a property from an outside owner is at a bigger disadvantage. Since they rent the property, the owner they rent from could help the HOA in evicting the current tenant.
In most cases, you'll need to reference your specific HOA policies and the lease agreement to help pave the way toward a necessary eviction. Otherwise, it's better to go the same route as you would with a homeowner who has outstanding fees or other wrongdoings.
3. Unreasonable Fines
The most common reason an HOA wants to evict is because a member doesn't pay their dues (a crucial part of a successful HOA) or they've gained policy infraction fees that they haven't paid.
However, certain things cannot be fined or used in defense to foreclose or evict a member. These situations include:
- Installing solar energy equipment
- Backup generator installation
- Lawful use, storage, or firing of a permitted gun
- Installing environmentally friendly irrigation or composting
- Installing satellite dishes and antennas
- Displaying religious iconography
- Displaying flags under federal laws
These guidelines prohibit fines but keep in mind that your HOA may include policies when it comes to the aesthetics of the community and these situations.
Eliminate the Stress of HOA Evictions
Even with a clear understanding of how to approach HOA evictions, it's still a conversation most HOA members wish to avoid. The problem is that it's a necessary evil that betters the community. To offload the stress entirely, it's often a better choice to hire professionals to handle evictions instead.
PMI Silicon Hills is a property management company that uses years of experience and online tech to help make running an HOA easier. We put a strong focus on providing HOA members with the best resources and advice possible. We offer a full list of services to aid in HOA management, so contact us today and we'll set you up with one of our property managers in Austin!
