Understanding the Legal Process of HOA Evictions

Understanding the Legal Process of HOA Evictions

People live in an HOA community because they want the benefits associated with it. So, nothing is more frustrating than when a resident of that community refuses to abide by the HOA bylaws. While an HOA evicting tenants in Charlotte is probably not the answer, other solutions exist.

An HOA management company can assist with homeowner foreclosure or tenant eviction.

Can an HOA Evict a Tenant?

Generally, the North Carolina HOA statutes do not empower an HOA to evict a homeowner's tenant. The tenant and the homeowner are the parties to the agreement. If the tenant violates the HOA regulations, the HOA does have a recourse.

The HOA will impose the standard fines instead of going through the North Carolina eviction process. The HOA must follow the bylaws. These fines get directed to the homeowner or attach to the land parcel.

The homeowner would then need to address those fees with the tenant per the lease terms.

When an HOA May Evict a Tenant

An HOA could evict tenants in Charlotte if the tenants lease directly from the HOA. In this situation, the HOA is a party to the lease, allowing them to terminate it and evict the tenant.

HOA Foreclosure Process

Most HOAs would prefer to have a homeowner correct the situation rather than go through with foreclosure. This could be a rule violation or paying owed dues or fees. However, if the homeowner refuses, the HOA may have no choice.

The first step is to send a written notice to the homeowner. This notice must happen at least 15 days before the filing of the lien.

The next step is to confirm the homeowner is 90 days behind on their debt owed. The HOA board must vote to act on the lien and proceed with foreclosure.

The court clerk must then approve of the foreclosure. The entire process can happen in about three months, and the HOA management company can handle the whole process.

Tenant Eviction Process

The HOA management company can also handle the North Carolina tenant eviction process. A notice gets served on the tenant, and an eviction lawsuit is filed with the court. The tenant receives a summons that they must answer.

At the court hearing, each side will argue their case. The court will then make a judgment. If the eviction gets approved, the tenant then must move out.

Can an HOA Take a Homeowner's House?

North Carolina law outlines HOA legal rights. If a homeowner does not pay their fines and fees, an HOA can place a lien on their home. If that lien goes unpaid for 90 days or longer, the HOA can proceed with foreclosure.

However, this is not an HOA eviction process. The HOA cannot evict a resident homeowner.

Property Managers Can Handle HOA Evictions

If your HOA struggles to hold homeowners and tenants accountable, an HOA management company may be the answer. While they cannot perform HOA evictions on homeowners, they can effectively encode the community bylaws.

At PMI Queen City, our team of experienced property managers knows what it takes to enforce the community rules effectively. They can also act decisively to follow through with a necessary foreclosure or eviction.

Improve your community and enforce regulations by trusting your HOA management with PMI Queen City experts.