Nothing matches the feeling of security and comfort you get from being in your own home. But what happens when things go wrong, and you are faced with the threat of eviction - and losing that precious security?
We're here to help answer that question.
Read on if you are a homeowner or tenant in an HOA in Land O' Lakes, FL. We'll explain whether you can be evicted from your home and why. We'll also explain the process of HOA evictions.
Evictions Follow the Law
The most important thing to understand about HOA evictions is that the law governs them. These association evictions are rare, and they are never arbitrary. They are usually a last-minute resort for specific community contract violations.
For example, it could be an architectural change that's not allowed or a failure to pay dues to the HOA.
Evictions Aren't Foreclosures
Another fact that's vital to grasp is that tenant evictions are not the same as a foreclosure. The latter is a forced sale because of financial circumstances when someone cannot pay for their home.
Evictions, in contrast, are about removing a resident because of a contractual breach.
HOAs Follow Florida's Laws
HOAs are bound by Florida's laws on evictions. That means that when HOAs create bylaws for a community, these are still bound by state laws. HOAs can't override them.
So, if an eviction goes to court, it's the state law that will oversee the case. Understanding this and ensuring you know state law is crucial. It can help protect you from an unfair case.
HOAs Must Follow Due Process
Due process means an HOA has to follow specific steps when carrying out an eviction. If they don't, it could open them up to appeals from residents if the case goes to court.
The first step is to notify the homeowner. The HOA must explain the breach and point to what rules the homeowner violated.
After that, they will need to give the resident time to resolve the situation amicably so they are no longer in breach of the roles. Only once that time has passed can the HOA proceed with an eviction.
HOAs should always aim to be fair and objective in all their rulings.
Other Eviction Costs
HOAs can take other measures in eviction proceedings once a resident has breached the rules. There are financial penalties like property liens or fines.
If the case goes to court, the losing party may need to cover the legal fees. Tenants can have financial implications beyond an eviction, like the damage to their credit rating and the costs of finding a new home.
Preventing Evictions
Evictions are a last resort and are costly, time-consuming, and stressful. Always take steps to prevent things from getting to that point.
Keep communications open with the HOA board and ensure you understand the rules. Use a mediator - like an HOA property manager - to help resolve disputes.
HOA Evictions: Understanding Your Rights
HOA evictions do happen. Fortunately, they are rare. As a homeowner, you must know the HOA laws and do your best to avoid violating those rules.
PMI Plurilux Realty has services that support homeowner associations and their residents in Land O' Lakes, FL. You can find out homeowner resources here.
