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Can a condo association really kick you out?

| Jul 5, 2021 | Real Estate |

When you live in a condo with an HOA, one of the things you need to remember is that you may have to agree to the homeowner’s association bylaws and requirements. If you do not adhere to those bylaws, then you could find yourself in trouble with the HOA and even be on the road to eviction.

Homeowner’s associations have the ability to fine members and to foreclose on them in some cases. If they are delinquent on dues, the homeowner’s association may decide to evict a member.

Does a homeowner’s agreement allow the HOA to kick you out?

Sometimes. Usually, in Texas, the violation that the homeowner committed will first need to be discussed. If they can remedy it, then this should be allowed. However, if they refuse to remedy the problem, then the homeowner’s association may bring a lawsuit against the homeowner for the violation. At that point, it could be possible to foreclose on the judgment.

If a foreclosure occurs, then the homeowner’s association could, hypothetically, purchase the property. If it does, then the homeowner could be evicted.

What is the Uniform Condominium Act?

The Uniform Condominium Act is an act that authorizes condo associations to allow its board to file an eviction against any tenants who violate the HOA’s bylaws. They may also evict if the owner of the unit doesn’t pay assessments on time.

What should you do if a condo association wants to kick you out?

Most of the time, it is possible to come to a resolution for problems that could lead to foreclosure or eviction. For example, an attorney may help with mediation or be able to represent the homeowner at trial, so that they have the best opportunity to stay in their home and fight against unfair treatment from the HOA.

If you have a problem with your condo association, talk to the board to find out what the issue is. If a rule has been violated, it’s worth learning more about your legal rights and how refusing to remedy the problem could impact your case or right to stay in your home.

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