No one wants to be faced with the prospect of dealing with an eviction, and things can get complicated in a hurry when it comes to HOAs. The eviction process differs if the person is renting versus if they are a unit owner, but regardless of the situation, it’s imperative that all details regarding eviction be spelled out in the association’s governing documents. If you have questions about your CC&Rs, bylaws, and all governing documents, please contact a community law attorney right away.
Evicting a Tenant vs. Owner
The process for eviction differs depending on the resident’s status. For example, say you have someone renting an owner’s condominium. Perhaps this person doesn’t like all the rules of the association, so they frequently violate noise ordinances and create many other disturbances that violate association bylaws. The board has given the tenant one too many chances and they finally decide to impose fines. The renter refuses to pay the fines. Now what?
At this point, the association still does not have the power to evict (only the owner can do that), but if the owner is not taking the necessary steps, the association may bring an action against the owner in court, and therefore force the owner to make the eviction.
What About Evicting an Owner?
On the other hand, removing an owner can be a more difficult process, but there is some recourse if an owner refuses to pay association dues or ignores other fees or fines.
One solution is for the board to place a lien on the home and in essence, force a foreclosure on the home. After the lien is placed, the board has more legal action options, but it must still go through a long process of dispute resolution that may include mediation, arbitration and litigation.
To head off any legal troubles related to eviction, it’s wise to engage an experienced community law attorney from the start. You want your governing documents to be well-written to provide your HOA with the protection it needs from negligent and disruptive tenants and owners. For help with your governing documents and any other issues related to HOA law in Florida, we’re here to help. Contact us anytime with questions at Dania Fernandez and Associates, P.A.
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