Eviction is a tough business. It’s difficult and painful from either side of the field, but luckily, there are many steps to take before eviction becomes a final option.
So, does a condo association have the power to evict? The short answer is yes. The longer answer is that it’s complicated and to get to that final eviction verdict, many measures must be taken first. Additionally, it is much less of a process to evict a tenant rather than an owner.
But, most importantly, it’s all in the details of the governing documents. This is why it’s crucial to have your association’s bylaws, amendments and all governing documents written or reviewed by an attorney specializing in community law.
Here’s how a tenant eviction story could go…
Joe Renter is a tenant in an owner’s condominium. He doesn’t like all the rules in of the association so he frequently violates noise ordinances and creates many other disturbances that violate association bylaws. The board has given him one too many chances and they finally decide to impose fines. Joe refuses to pay the fines.
From here, the association still does not have the power to evict, only the owner does. But if the owner is not taking the necessary steps, the association may bring an action against the owner in court, forcing the owner to make the eviction.
On the other hand, removing an owner is a much more difficult process. If, for instance, an owner refuses to pay association dues, the board can issue fines. If the fines are ignored for a certain period and no action is taken by the owner to remedy the situation, then the board may place a lien on the home. After the lien is placed, then the board has more legal action options, but must still go through a long process (see dispute resolution parts one, two, and three).
In short, the eviction of a landlord is not technically an eviction, it is a foreclosure on the home – and it’s a long and complicated process.
We wish the law was more straightforward so we could give you a more definitive answer, but it’s important to note that all of these statutes are in place for a reason. Everyone deserves protection from the law, be they condo associations, HOAs, tenants or owners.
So, what’s the moral of the story?
Here’s the place where we can give more solid advice. It’s simple, have your governing documents written up to provide the association with the power it needs to protect itself from would-be negligent or disruptive tenants and owners. Again, tenants are easier to evict than owners and there will always be laws and statutes that supersede bylaws and amendments. But with the help of a good attorney, you can do everything in your power to protect the rule-abiding tenants and owners in your association.
Need advice on your governing documents? You know where to find us.
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Hello Ms. Fernandez
I have a long story to tell you, it will be great to tell about 9n phone call
Short story, I lost my unit condo for fire up due to other people crime inside my unit, I was a lAndlord at the moment.
Now my property insurance wants to pay 50% of my total loss, the tenant insurer denied to pay for his client (tenant) I unknown its reason. Ph 5612369990
Can a condo board count votes to amend a declaration BEFORE a meeting to discuss same?
Can a condo force an eviction on a renter that has lived at the property for 7 years and recently was sent a viokation for nuisance which was cured. Due to that 1 violation they deny renewal of the lease and are starting eviction process in the courts How can they do this to a single white hispanicé female with no prior history of violation etc.
I’m a businesswomen that works 10 hours a day and I never make a peep but the President who lives across the street has targeted me about nonsense issues twice and rudely threatened me or stated I’d be evicted. ( bully to everyone)
I’m feeling discriminated against and I can’t go home. He watches every move I make from across the street.
Can a condo force an eviction on a renter that has lived at the property for 7 years and recently was sent a viokation for nuisance which was cured. Due to that 1 violation they deny renewal of the lease and are starting eviction process in the courts How can they do this to a single white hispanicé female with no prior history of violation etc.
Can a renter who’s action, concerning the handling of combustible materials, in the past make him a clear and present danger to the HOA be evicted on that bases alone? He has a record of negligence in causing fires, having combustible material in his garage- clearly in violation of our CC&Rs – and recently could have burned down both his garage and the adjacent connected garage.
I moved in a condo where there’s hoa I received a letter giving me 7 days to move because governed Documents unapproved occupancy I need help it’s not my fault the owner didn’t follow rules what can I do 7 days is just unfair
A homeowner rented his house in a community where no rentals are allowed. Now a tenant has moved in to the house. Can the Homeowner’s Association evict the tenant because owner/landlord is in violation of bylaws?
I totally disagree with a condo owner being evictied when they have had so many complaints about them and still do. Not following the rules, noisy (all the time.) troublemaker, not following bi-laws, and everything a condo requires of you after signing and agreeing.
It should be very easy to throw a condo owner out of what has been mentioned.
No one has to tolerate inconsiderate noisy people and if you know they are dangerous and have bad tempers. (That is a known fact.)
Had it been anyone creating all the all the complaints actions would have been resolved with condo rules and bi-laws.
Again our rules are all out dated and need to be revised the proper way as stated.
I totally disagree with a condo owner not being evictied when they have had so many complaints about them and still do. Not following the rules, noisy (all the time.) troublemaker, not following bi-laws, and everything a condo requires of you after signing and agreeing.
It should be very easy to throw a condo owner out of what has been mentioned.
No one has to tolerate inconsiderate noisy people and if you know they are dangerous and have bad tempers. (That is a known fact.)
Had it been anyone creating all the all the complaints actions would have been resolved with condo rules and bi-laws.
Again our rules are all out dated and need to be revised the proper way as stated.