Living in a HOA can have its perks. The neighborhood is safer, the homes have to stay in excellent condition, and some HOAs even hold events for the holidays.
But joining a HOA means you have to adhere to certain rules, or else the HOA members can fine you, restrict you from certain community amenities, and even kick you out. Wait, can a HOA rule in favor of kicking someone out of their home?
In some states, a HOA can vote to kick a member out of the association and out of their home. But it is a long process that can take years. It is not like a landlord kicking someone out of an apartment or spare room.
People in a HOA must be alerted to issues, have time to reconcile those issues, face fines, and appeal to board members before the HOA can even think about kicking them out of their home.
When you enter a HOA, you become a member of that community and you must follow the rules. You will have an opportunity to debate the usefulness of some rules, but if you are an unruly tenant, no one will listen to your appeal.
Can a Homeowner’s Association Kick You Out?
Many people feel like homeowner’s associations are only for the people that want to prevent certain people from moving into the neighborhood.
And while there are certainly some homeowner’s associations that aren’t the best, many are actually quite pleasant.
Most homeowner’s associations just want their neighborhoods to be clean and safe. Many people with children want to join homeowner’s associations so they live in a neighborhood where all the neighbors know each other.
When you’re part of a homeowners’ association, you’re part of a community. And like any community, if you aren’t kind to other members, they can kick you out.
But can a homeowner’s association kick a member out and force them to move?
The answer depends on the state. Some states give homeowner’s associations a lot of power, while other states take away most of their power.
For example, homeowner’s associations in California cannot kick out a member, but the same security does not exist in Florida. Although it may take a long time, homeowners associations in Florida can evict a member out of their home.
Texas, on the other hand, does not allow homeowners associations to evict their members for complaints and not following the rules. But if the homeowner does not keep up with the payments on the home, after a certain time, the homeowner’s association can put the home up for sale despite the wishes of the owner.
However, it is a different matter if the landlord is engaging in illegal activities on their property. If a homeowner is using their home to sell drugs, for example, then the neighbors can demand the HOA to evict that member.
The HOA cannot file police reports or call the police on members, but the other members of the neighborhood can.
If a Homeowner’s Association Cannot Kick Out a Member, What Can They Do?
Most homeowner’s associations are not able to evict neighbors out of their homes. However, there are a number of actions that homeowner’s associations can take to punish members who do not follow the rules, such as:
- Filing complaints
- Liens and foreclosure – HOAs can seize the property by paper if the homeowner is behind on payments. This measure will come after months of notices and failed redemption opportunities
Tenants and Landlords
Some homeowner’s associations allow property owners to rent out extra rooms in their homes to tenants. In this regard, homeowner’s associations are not allowed to evict tenants if they do something wrong or against the homeowner’s association’s rules.
However, the homeowner’s association can bring an action against the landlord. Since it was the landlord that brought these people into the neighborhood, any issues with the tenants are the landlord’s responsibility.
If the member feels like the HOA is subjecting them to unfair complaints, they are protected by HOA member rights. These rights are:
- Right to speak at and attend board meetings
- The right to control their home
- The right of enjoyment
- The right of exclusion
- The right of disposition
But these rights extend to homeowners, not tenants or those renting a home in a HOA.
Is your HOA bothering you? Use this guide to legally annoy them!
Conclusion to If Your HOA Can Kick You Out
HOAs can kick members out and evict them, but only in states where the law gives the association that power. HOAs can also foreclose on a home if the owner does not keep up with payments.
HOA members are protected by The Homeowner’s Rights. HOA members can file police complaints and charges against another member for illegal activities.