HOA community rules can be a double-edged sword for residents.
On the one hand, you get to enjoy a pristine environment, but on the other hand, those strict rules can be a challenge to navigate- and you or your tenant could fall on the wrong side of them.
When that happens, you might find an eviction notice from your HOA. But don't panic. Here's what you need to do about HOA evictions in your rental property in Galveston, Texas.
Notice and Second Notice of Violation
You'll first learn about the eviction process via a formal letter from the HOA. This letter will outline the violation, steps for the tenant to fix the problem, and deadlines.
After this, it's typical for residents to get a second notice if the violation is still there.
Review the HOA Regulations
HOA evictions work slightly differently from regular rental evictions.
Your first step as a landlord is to get a copy of the HOA's rules and regulations handbook alongside the lease agreement. These documents will outline any circumstances that could lead to an eviction.
You can check whether your tenant's violations meet that criterion. This criterion will likely include non-payment of HOA fees and significant property damage to HOA community buildings.
Confirm the Violation
Once you have read through the documents, speak to the HOA board. It's an important step to clarify the situation and confirm the violation.
An eviction notice will outline the steps the tenant must take to remedy the situation, with timescales and deadlines for doing so. By following through, tenants can avoid an eviction process and prevent further proceedings.
That might include paying outstanding fees or changing a property modification. As a landlord, you can work with your tenant to resolve these matters before eviction proceeds to the next stage.
HOA Board Hearing
Before matters reach the legal stage, the HOA board will conduct an internal board hearing. This is a chance for the landlord or tenant to present their case and defend the eviction notice.
Tenants have a right to a fair hearing, so HOA boards must take the time to listen to their side of the argument.
HOA Board Decision
At the end of the hearing, the HOA board will decide whether the violation has been fixed or whether they wish to proceed with the eviction.
The board can file a formal eviction lawsuit, beginning the legal process. While this lawsuit will reflect the HOA rules, it must also adhere to local state law.
Court Hearing Following the HOA Eviction Process
The final part of the eviction process happens in the courts. Both the HOA and the tenant or landlord can present their case. The court will decide, and if it favors the HOA board, it will issue a notice for the tenant to leave.
HOA Evictions: Taking Control of the Situation
HOA evictions can be a worrying risk for any landlord. If you receive an eviction notice, be proactive and get involved immediately. In many cases, the problem can be sorted in the early stages.
PMI Galveston Bay can help you with all your property management needs, including eviction problems. We offer a personal service with the support and resources of a large national brand. Find out about our services in Galveston now.
