A problem in your HOA community is like a single instrument out of tune in the orchestra. It disrupts the harmony and needs to be resolved. In the worst-case scenario, you may need to consider an HOA eviction.
However, don't mistake these for a normal eviction process. Things work slightly differently in an HOA. Here's what you need to know about HOA evictions in Houston.
Review Official Documents
Before raising an eviction notice, you must know where you stand legally. The best way to do that is to review all governing documents for your HOA.
This will outline the HOA rules and conditions for residents, like paying fees, and provide you with the relevant grounds for pursuing an eviction. Keep these documents organized and safe to ensure you can always access them.
Provide a Violation Notice
You need to provide written communication to your residents to let them know they have violated the terms of the housing association. This is more commonly known as a violation notice.
Outline the breach, referring back to your official documents. You must also provide a deadline for the resident to remedy the situation. That allows the resident to resolve the issue rather than face an eviction.
Remedying the Violation
Once you've issued the notice, the countdown begins to the homeowner's deadline for remedying the violation with their HOA property. It's essential to keep track of the timescales and send a reminder to the resident.
Keep dialogue open in case the resident has issues resolving the violation and needs extra time. Maintaining fairness is important, even when the rules are black and white.
Arrange a Hearing
If the deadline expires and the violation still exists, it's time for the HOA to take the next step in the eviction process. That's a formal hearing.
This hearing allows the resident to present their case to the HOA board or committee. Therefore, you must treat the hearing fairly and listen to what the residents say.
The HOA must also present its evidence, including key dates such as the violation letter.
The HOA Board Makes a Decision
After both sides have made their case at the hearing, it's time for the decision. At this point, the HOA board will generally discuss the case privately to deliberate on the violation and whether to proceed with an eviction.
It's essential that the HOA board notes all discussions and communicates its decision to the resident as soon as possible.
The HOA can also file a lawsuit to enforce the eviction notice. If that happens, getting legal advice from someone familiar with state law on eviction rules is essential.
HOA Evictions: Ensuring Harmony in HOA Living
HOA evictions are always a last resort, but they're essential as backup if all else fails.
Remember that the most harmonious communities happen when everyone works together. That means expecting every tenant to follow the rules while being fair.
At PMI Fine Properties, we can help you with your Houston housing association. Our experienced association management team can take away the hassle and daily demands.
Read more about these services here.
