About 358,000 neighborhoods in the United States belong to a homeowners association (HOA). That amounts to about 74 million HOA homeowners throughout the country.
There are many benefits to living in an HOA neighborhood, but it also requires a great deal of work. HOAs are responsible for enforcing community standards, which can sometimes result in fines or worse: eviction.
HOA evictions are unpleasant but sometimes necessary. HOA board members need to understand the steps involved so that they can be prepared.
This article provides some advice on how to handle HOA evictions in Corpus Christi. Keep reading to find out how to proceed if you are faced with this situation.
What Are HOA Evictions?
One of the main roles of homeowners associations is enforcing community standards. In most cases, this involves a minor fine. Common violations include neglect of a home structure or yard, or failing to follow uniformity standards (such as paint color or mailbox design).
Habitual violations can result in an HOA initiating the eviction process, but there are other grounds as well. Failing to pay fines or annual dues is one. Another reason is criminal activity or behavior that threatens the safety of other residents.
How to Handle HOA Evictions
In Texas, as in most locations, HOAs must take several steps before eviction can happen. This begins with a notice of the violation. This must be in writing and spell out details surrounding the infraction.
It also must clearly state any opportunities for the resident to remedy the situation. This includes a reasonable time frame and repercussions for failing to do so. An HOA may be required to demonstrate that they delivered the notice of violation to the resident.
The next step is providing the homeowner with a notice of intent to evict. This also must be in writing and clearly state that the HOA will pursue eviction if the issue is not resolved.
The final step is to file an eviction lawsuit in the proper jurisdiction. In most cases, an HOA board will hire an attorney to handle this legal proceeding. This initiates the formal eviction process through the court system.
The remainder of the legal process is handled through the courts. This could entail "alternative dispute resolution," where the HOA negotiates a resolution with the homeowner, without going to trial.
An eviction trial involves presenting evidence and calling witnesses that support the HOA's claims. If the court rules in favor of the HOA, the homeowner will have a certain period in which they must vacate the property, or they will be physically removed.
After an eviction, there are some formal legal steps that will transfer the property to the HOA. An attorney or an experienced HOA property management company can assist with this.
Find HOA Management Near You
Now that you know how to handle HOA evictions in your Corpus Christi neighborhood, you will have a better idea of how to approach this difficult situation.
PMI Corpus Christi is a full-service property management company. We provide everything from HOA management and vendor coordination to maintenance, inspections, and evictions. Reach out to us today to learn more about our services.