Can the HOA Kick Me Out of My House?
Living in a neighborhood isn’t always reflective of the carefree lifestyle depicted in television and movies. Suburbia has its own unique ways of dialing up the stress and anxiety you experience on a daily basis, especially when dealing with an aggressive homeowners’ association (HOA). HOAs often threaten residents with fines when lawns aren’t perfectly manicured or cars block the sidewalk, but in certain circumstances, HOAs can do much worse.
Yes, your HOA can in fact kick you out of your house, and even if they fail to put together a compelling case against you, they can make life unbearable in your neighborhood. We buy houses in Central Florida from owners who find themselves constantly locked in conflict with feisty HOAs. Sometimes your best option is to sell your home and run for the hills before your HOA forecloses on your home.
What is an HOA Foreclosure?
People are often shocked to discover that their home can be foreclosed by their neighborhood HOA. When you move into a neighborhood with an HOA, you are responsible for following the covenants, conditions, and restrictions (CC&Rs) that dictate lawful tenancy in the neighborhood. If you are unable to observe these rules and regulations, which often includes fees and assessments, you can forfeit ownership of your home.
Strict HOAs may attempt to foreclose your home even if you’re only a few hundred or thousand dollars behind on assessments. Generally, once an HOA has a lien on your property, they will foreclose the lien and you will be kicked out of your home. You must be careful to pay all of your bills including your mortgage, HOA assessments, and any other fees, otherwise, you could be targeted for foreclosure.
Dealing with an HOA Foreclosure
If your home is currently being targeted by an aggressive HOA, you might be thinking “who will buy my house fast in Central Florida?” While selling your home quickly without a drawn-out campaign with a real-estate agent saves you time and money, there are ways to defend your home if you choose to stay put and go toe-to-toe with your HOA. If your home is foreclosed by your HOA, consider the following defenses for overturning your foreclosure:
- Incorrect accounting
- Overstated charges
- Unreasonable charges
- Failure to follow the assessment lien foreclosure statutes
- The governing documents don’t authorize the assessments
- Misapplication of payments
- Improper recording of the assessment lien
Unfortunately, if you are unable to keep up with your HOA assessments and fees, your home could be forcibly foreclosed. Whether you decide to sell your house fast and move on, or stick around and battle it out in court with the HOA, it’s important to understand the extent of HOA power on your home.
Disclaimer: This website is not a substitute for legal advice. If you have a serious legal, tax, or other issue requiring professional advice, please consult with an attorney or CPA.