Imagine paying hundreds of dollars in addition to your monthly mortgage and being evicted from your home. HOA evictions happen every day across the country.
In the United States, over 74 million people live in planned communities with a Home Owner's Association (HOA). An HOA can be a single-family or a unit in a multi-family development such as a condominium.
HOAs are usually run by a board made up of resident homeowners who are chosen by the community. They enforce bylaws that lay out the rules for the homeowners who live there. As a homeowner, you can vote on the board members and ask for them to review and change the rules.
Understanding the HOA bylaws is crucial because violations and unpaid fines can get you evicted. Keep reading to understand HOA evictions in Des Moines, Iowa.
Are HOA Evictions Legal In Iowa
HOA board members have the power to foreclose on a home. There are two main ways they can do it.
One is a judicial foreclosure which allows the HOA to take legal action against the homeowner. The legal action will result in a court order allowing the HOA to evict a homeowner.
The second process is nonjudicial foreclosure, which happens when the HOA doesn't go to court. Instead, they follow the rules set out in the governing HOA documents.
There's no rule about whether or not the HOA can evict either the homeowner or a homeowner's tenant. Some HOAs do not allow rentals or sub-leasing, which can become a violation.
If the HOA directly leases the house to a tenant, they might be able to evict them if the lease wasn't approved properly. The HOA documents may also list other powers or restrictions for rental properties.
How Can an HOA Evict a Homeowner?
A homeowner can't get evicted by a homeowners association like a landlord can evict a tenant. A landlord has a lease that addresses violations. If the issues are severe, the landlord can move to evict the tenant without giving them a chance to fix the problem.
The homeowners association doesn't own the home, but they still have more rights than a landlord. When you buy a home in an HOA, you agree to follow the HOA regulations and pay HOA fees. These rules usually mean the association can fine you for violations committed by the tenant.
If you don't pay the fine, the association might have the power to foreclose on your home, which could force you and the tenant out.
Still Not Clear on HOA Rules?
When it comes to HOA evictions, remember the HOA bylaws are to preserve the quality of life in a community. This may sometimes include foreclosing on homeowners or forcing them to evict tenants who don't adhere to the HOAs rules.
It comes with a lot of work if you're a homeowner renting your property. Hiring Desmoines Property Management is a solution, as we offer HOA services.
We'd love to tell you more! Contact us today to learn how we can help you.