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But I own my condo! They can’t evict me…can they?

On Behalf of | Aug 1, 2019 | Homeowner Association Law

Condos are a great place to live, they are convenient, contained, and you do not have to worry about a yard or upkeep of the exterior of a home. That being said, condo home owners associations can be a bit prickly and may cause trouble for some tenants. Knowing your rights and what your HOA can and cannot do can help you to avoid a great deal of trouble.


HOA authority

Your HOA wants you to believe that they can do anything and that they are the ultimate authority over all things that happen in your building. Though they do have a bit of power, think exterior building maintenance, grass cutting, repairs and such, they cannot evict a tenant without due cause. Your HOA has a set of rules that you agree to when you move in. In most cases, you are required to sign an agreement, which constitutes a legal and binding contract with the HOA that states you are going to follow the rules that have been set forth. This means that you are going to follow parking rules, be kind and courteous, etc.


The HOA cannot evict someone without due cause and without evidence. It is much easier for an HOA to evict someone that is just renting than it is to evict someone that owns the unit. For those renters that do not follow the rules or that cause a general ruckus, it is far easier, and far faster for an HOA to evict. It is important that you remember that if you do not follow rules and you do make waves, the HOA is able to, and in most cases will, take action, and evict. Your HOA is not going to evict without cause so if you are a good tenant that follows the rules, that is up to date with all fees, and that is considerate to other tenants, you should be more than fine and have nothing to worry about.


In terms of evicting or getting rid of those that own a condo, it is often required that they go through the foreclosure process first. Those that own a condo and that are delinquent on fees, that are behind on payments, and that are very far behind in dues can be foreclosed on. The foreclosure process is generally a last ditch effort to get the dues and money that is due before the foreclosure process begins. Some homeowners associations have a threshold set that lets you know just how much you can be behind before action is taken. Some associations allow for up to $1,200 in dues to be behind, allow for members to be behind for up to a year and more. You can ask about foreclosure processes when you sign the HOA agreement. If a lien is placed on the condo that you own, a foreclosure may be very quick.

Legal process for an eviction

For those concerned about being evicted from your condo, rest assured that your HOA cannot simply evict you because they do not like you. As with all other legal processes, there are certain steps that must be taken and certain processes that need to be taken into consideration before you can be ousted from your home. Your HOA is not going to come to you and tell you that you have a week to get out. With the help of a good lawyer you can learn more about just what power your HOA has and what they can do to get you out of your condo.