Over 5.5 million people in Texas live in one of the 20,000 HOAs. These days, finding a Houston, Texas home means joining a community.
HOAs are growing, so it's important to know your rights as a homeowner if you are involved in one. Let's start with HOA evictions. Are they legal?
Keep reading to learn what you need to know.
Can HOAs Evict Me?
Community members are required to pay HOA fees for maintenance and general upkeep. They can be issued fines for not contributing to the neighborhood.
In the case that a homeowner committed multiple violations with accumulating penalties, the HOA could foreclose on the property.
The authority to do so is granted in the association governing documents, according to state-specific laws. Texas allows HOAs to get a lien on your home and eventually foreclose on it if you have fines and serious penalties.
HOA management will often try to communicate with you to correct the issue. As a homeowner, you have the right to appeal to the board to change a rule that you believe is unfair.
During the appeals process, HOA evictions are unlikely.
HOA Evictions for Rentals
If you are renting an HOA property, you can be evicted for violating HOA rules or causing disruptions.
The HOA will communicate with the homeowner you are renting from first. The owner is the one who signed the HOA agreement and is bound by the rules.
The HOA homeowner will remind tenants of association policies and potential fines for breaching the rules. Texas permits HOAs to directly evict a tenant or force the homeowner to end the lease.
If you are the homeowner in this situation, work with a professional HOA manager. They can provide legal advice to ensure the correct procedures are followed.
Non-Compliance of HOA Rules
A homeowner who refuses to pay HOA fees is often charged interest or late penalties. Someone who is repeatedly late or has accrued a large debt risks foreclosure.
The sale of the property repays the homeowners association what you owe them. If there is a leftover balance, you are entitled to those funds.
Homeowners are not liable to pay incorrect or unlawful HOA fees. For example, if there is a fee increase that exceeds permissible caps, you don't have to legally pay.
Homeowners going through financial hardship are entitled to repayment plan applications. Association rules may also allow these homeowners to defer ongoing fees.
How Can Association Management Help?
HOA evictions are legal in Houston, Texas, if you don't follow the rules or pay the community fees. Your HOA property might be ripped out from under you, but make sure you know your rights.
PMI Bayou City is a full-service professional association management company serving all types of HOAs. Our family business serves the Greater Houston Area.
Our local services are nationally recognized because we provide effective communication, honesty, and management availability. If you believe your HOA isn't being fair, we can step in.
Contact us today to learn more about our services.
