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Can an HOA evict you?
My father recently moved to a lovely townhouse community. When I visited him yesterday, I was shocked to discover a past-due bill for 6 months of HOA fees. When I asked him about it, he said he doesn’t use the clubhouse, so why should he pay? I’m really nervous. Can an HOA evict a person for not paying the HOA fee?
Rachel Rigolino · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Oh, my. The good news is that no, an HOA can’t evict your father (or anyone). What they can do, however, is place a lien on his townhouse for unpaid fees and/or fines. This means that when he—or you—goes to sell the property, the lien will have to be satisfied.
Once an HOA has placed a lien on the property, they can begin foreclosure proceedings. In your case, it’s highly unlikely they would do this to your father as he is not that far behind with his payments. Foreclosures take time and money, and this is usually a last resort for HOAs.
Still, clearing a title from a lien can be difficult, so you’d do well to have him settle his past-due bills as soon as possible.
Take a deep breath and try to explain to your father that even though he doesn’t use the clubhouse, everyone is expected to pay the HOA fee. It’s kind of like requiring people without children to pay school taxes.
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