With inflation causing a spike in rent, eviction rates are 50% higher than they were before the COVID-19 pandemic. If you live in a community with a homeowners association, you might be wondering if the HOA board has any authority to evict you.
The purpose of an HOA is to maintain the standard of living of a neighborhood. It works to make and enforce rules to keep up the property values of a community.
When a homeowner or tenant violates rules, it creates problems in the community. But, does that mean your HOA community can evict you for not following guidelines? Keep reading to find out in this overview on HOA evictions in Blue Springs, Missouri.
Homeowner Agreement
When a new resident purchases a property in an HOA community, he or she agrees to abide by the HOA rules and regulations. The same is true when a renter signs a rental agreement on an HOA property.
Serious repercussions can arise when a homeowner or renter breaks the rules of the HOA. The association can impose fines which can lead to a lien on the property. Missouri has no state provision governing HOAs however.
Can a Homeowners Association Evict a Homeowner?
As a homeowner in a planned community, you have quarterly or monthly association fees. These fees cover maintenance of the common areas, pools, gyms, playgrounds, etc.
When a resident fails to pay or doesn't follow the rules regarding pets or the upkeep of the home, the HOA can issue a fine. When a homeowner has accumulating penalties, it can escalate to a lien placed on the property. If the HOA has the authority, it can eventually foreclose on the property.
An HOA board would rather work to get the homeowner to correct the problem. Homeowners sometimes appeal to the board to try to change a rule or get more time to correct an issue.
While in appeal, it is unlikely that an HOA would be able to evict a homeowner.
Can a Homeowners Association Evict a Tenant?
HOAs do not deal with tenants directly. It is the homeowner who belongs to the association and who answers to the HOA. The HOA would go through the homeowner to seek an eviction order for a tenant. This occurs when a tenant is in violation of the HOA rules or causes problems in the community.
The landlord is ultimately responsible for the home and should have conveyed in the rental agreement that the tenant would be bound by the HOA rules.
The owner could attempt to evict the tenant for breaking the community rules depending on what is written in the lease agreement.
The Legality of HOA Evictions
A homeowner association is limited when it comes to evicting HOA residents or HOA tenants. The power the governing board wields is limited to sending out fines and notices of violations or imposing a lien upon the property. HOA evictions can result from the foreclosure process.
Are you looking for an HOA management company to oversee your community? We at Property Management Inc. can help you with all of your property management needs. Contact us today to schedule a consultation.
