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Colorado has around 10,000 homeowners associations (HOAs). HOAs are in charge of enforcing rules that are designed to better the neighborhood. They're also responsible for handling tough situations in the community.
Many people might wonder if HOA evictions are possible if they don't follow the rules and regulations. Some scenarios require the HOA to take action against tenants or homeowners who violate the guidelines they're supposed to adhere to. However, can they evict a resident or tenant?
This guide will discuss everything you need to know about whether an HOA can evict a person living in their community. We'll also talk about why working with an HOA management company can make your life easier.
Can an HOA Evict a Homeowner?
HOAs can't evict a homeowner or tenant in the same capacity that a landlord can. Tenants typically sign a lease with their landlord. This document gives tenants a specific amount of time to fix a problem, get excited, or decide to move out.
Homeowners have more rights when living in a HOA-regulated community than a tenant does. That's because they own their own home. Regardless, both types of residents agree to follow the HOA rules and bylaws when they move into their homes.
HOA rules typically state that a homeowner or tenant can be fined if they don't fix a problem instead of forcing them to move out. However, if the homeowner doesn't pay the fines, the HOA could have the authority to start foreclosing the property.
How Does an HOA Foreclose on a Home?
The law in Colorado limits how an HOA can foreclose on a home. In most scenarios, an HOA can put a lien on your home if you're failing to pay fines.
Keep in mind that Colorado law states that HOAs can seek foreclosure on a home if the homeowner is more than six months behind on fees. This can include:
- HOA dues
- Collection costs
- Late fees
- Fines
Most HOAs attempt to work with the resident before moving forward with the foreclosure process.
Can HOAs Evict a Tenant?
HOAs can pursue an eviction order if the tenant causes disruption or violates their rules. The HOA will usually work directly with the property owner instead of the tenant.
The owner of the property is the one who signed the HOA agreement. They're the ones who are bound to the rules of the community.
Landlords should instruct their tenants on what rules they need to follow while living on their property so they don't violate anything. If the tenant violates the HOA rules, they can also put pressure on the landlord to terminate the lease.
Get Help With HOA Evictions in Colorado
HOA evictions in Colorado are complicated. Many rules need to be followed to ensure that everyone complies. An experienced property management company can guide you through the process, ensuring everything is done properly.
PMI Little Town provides home and property owners with comprehensive property management services. Schedule a consultation to learn more about how we help HOAs manage their communities.
