A simple piece of paper can turn a blissful life in an HOA property into the stuff of nightmares. That piece of paper? An eviction notice.
If this happens to you, don't panic. It's crucial you understand what an HOA board can do and how to protect yourself from the threat of HOA evictions in your Coppell property. This guide will show you how.
Can an HOA Evict Homeowners?
In Texas, HOA boards need to adhere to state law. However, they also have their own bylaws that outline the rules for living in an HOA, which, in rare cases, can lead to eviction and HOA foreclosure.
These rules can grant an HOA authority in several areas, like managing the community and setting standards for common areas. However, all HOAs have different rules, so it's essential to consult your current HOA regulations.
Rules and Violations
The most common reason a homeowner faces eviction from an HOA community is non-payment of fees.
HOA fees are mandatory because they cover the upkeep of communal areas. So you will face repercussions if you don't pay them on time.
However, if you fall behind on payments, your HOA should allow you to catch up before issuing a notice to evict.
The other common reason for an eviction notice is if you make property alterations that are forbidden in your HOA community. Your HOA's regulations will determine these stipulations, so it's vital to consult them.
Nevertheless, the HOA should give you time to remedy this and remove any violation from your property rather than face an eviction.
Finally, continued disturbances of the peace, such as violence or aggression toward neighbors, could result in an HOA eviction.
Steps Leading to HOA Evictions
The first step in eviction proceedings is to get a notice from your HOA. This will be a formal, written notice that should outline the violation and include evidence where appropriate.
After this, you have a grace period to remedy the violation, which is outlined in the notice.
The HOA can schedule a hearing if you pass that grace period and don't remedy the issue.
This hearing is in front of the HOA board, where you will present your case. At this hearing, the HOA will decide whether or not to proceed with the eviction.
In Fort Worth, all these steps need to operate within Texas law.
How to Defend Your Rights
The best way to defend yourself is to know your rights. You have a right to receive a formal notice that contains all the information on your violation. If it lacks detail, you can let your HOA know they must update it before issuing it.
The other way to defend yourself is to demonstrate how you have complied with the rules. For example, you can show previous timely fee payments.
HOA Evictions: Knowing Your Rights
It's natural to worry about HOA evictions. However, if you know your rights, you have a strong defense if faced with this situation. Keep this guide handy.
The property team at PMI Cross Timbers are experts in managing associations on behalf of HOA boards in Coppell. Our mission is to elevate the standard of association management and revolutionize the way associations thrive.
Contact us today to learn more about our services.
