HOA management has a certain duty to its residents and the association as a whole. In the state of Florida, most evictions begin with a three-day letter and eventually end in what's called a writ of removal.
If you provide HOA services, how do you handle these types of evictions in Florida?
Read on to learn more about HOA evictions and what the legal guidelines are before you start the process.
HOA Evictions: Tenants vs Owners
A tenant is someone who is renting a property from the owner directly. In terms of HOA evictions, this process could be much more difficult than if you needed to evict the actual owner.
If you're having difficulty with a specific tenant, your first step is to notify the owner directly. Be specific about the problems, and when they have occurred, and put everything in writing.
Ultimately, it's usually up to the owner of the property to decide whether they want to move forward with the eviction. In the case of the owner, the rules are a bit different.
Evicting Owners in an HOA
Conducting HOA evictions of property owners is usually a long, daunting task. In most cases, the owner is likely evicted because they have failed to pay their HOA dues over an extended period.
In other cases, the owner may have been cited for breaking rules per HOA management or maybe they've received fines that haven't been paid. Always make sure you have a thorough paper trail in this case so you have ample documentation.
Unlike a traditional eviction, you'd need to put a lien on the home to get the owner to pay. If everything remains unpaid after multiple written notices, you may have legal rights to move forward with foreclosure proceedings.
The Bottom Line
Homeowner association property management has little recourse when it comes to evicting a property owner. However, there are other legal actions you can take to address certain issues. Knowing the most current laws can prevent misunderstandings.
In Florida, HOAs can deal directly with tenants for non-payment issues only. The rest is up to the owner, which means they're responsible for enforcing the lease their tenant signed.
You may also have the right to prevent a tenant from exercising member rights within the HOA community. Finally, if a tenant doesn't pay rent to the homeowner, the HOA can technically evict that person on the grounds of "failing to meet a monetary obligation." When in doubt, it's best to consult with an attorney or your association management services provider.
Know the Rules and Your Rights
HOA evictions in Florida can be tricky, which is why it's so important to be up-to-date on the latest laws. Hiring a professional homeowners association management company can help you navigate the process more easily.
PMI Broward Sunrise has nearly 20 years of industry experience in the Fort Lauderdale, FL area helping local associations by providing top-notch service to our clients. If you'd like to learn more about us or would like to schedule a consultation, contact us today!
