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Can an HOA kick a resident out for unpaid fines?

On Behalf of | Mar 19, 2021 | Homeowners' Associations

You’re in charge of a homeowners association (HOA), and most of the residents who live in the community adhere to the proper standards and avoid violations. After all, they chose to live under these rules because they like the benefits of having those rules in place. They like the security, amenities and uniform nature of life the HOA provides.

However, you have a resident who often gets violations. They even refuse to pay the fines, believing that the violations are unfair. Can you kick them out of the community? 

Unpaid fines can lead to a lien and foreclosure

Throwing someone out of a home they bought is difficult, even if they have HOA violations on their record. Unpaid fines, even when they amount to hundreds or thousands of dollars, may not be enough. You cannot generally go to homeowner and tell them they have to leave. 

That doesn’t mean, however, there are no options to ensure compliance or remove the offending homeowner. For instance, lack of payment on fines can lead to a lien, and the HOA may then be able to foreclose on the house if the debt is not paid. This can take time, but it is an effective way to remove someone from the community if they refuse to pay. 

One important thing to note is that you typically have to warn the homeowner of your intentions, however. They need to have a chance to pay and they need to know the ramifications of failing to do so. 

Moving forward when your HOA is involved in a complex situation

Issues like this can become quite complex. To protect your community and your investment, you need to know exactly what steps to take to proceed with your plans. This is definitely the time to consider working with an attorney who has experience in HOA law.