Can HOA evict you? While homeowners associations and rental properties work differently, it is still possible for someone to lose their place of residence in either situation. That said, board members don’t have unlimited authority when dealing with tenants, so it is important to understand what’s possible and what’s not.
Can HOA Evict You?
Eviction is not the same as foreclosure. When a homeowner stops paying their dues, an HOA can place a lien on their property and subsequently initiate foreclosure proceedings. The owner can lose their house or unit as a result.
It’s a different story if the HOA is dealing with a tenant. An eviction applies to tenants living in a rental property, with the landlord holding the power to essentially kick them out. In general, an HOA or condo can’t directly evict a tenant.
Can HOA Evict Tenants?
Many HOA or condo communities allow rentals, though highly regulated. When a tenant repeatedly violates the rules, it can disrupt the neighborhood and even pose a threat to others, depending on the nature of the offense.
This begs the question, “Can HOA evict renters?”
In most cases, no, an HOA doesn’t have the power to directly evict a tenant. The lease is between the homeowner (landlord) and the tenant, not between the association and the tenant. Because there is no landlord-tenant relationship between the HOA and the renter, the board generally has no authority to remove the tenant from the property on its own.
Of course, that doesn’t mean the HOA has no options. Instead, the HOA board typically enforces the rules against the owner. The owner is then responsible for ensuring that the tenant complies with the governing documents.
Can an HOA Evict My Tenant in a Condo?
In general, an HOA can’t evict an owner’s tenant. That said, condominiums work differently.
In Illinois, 765 ILCS 605/9.2 states that if a tenant violates the law or the association’s governing documents/rules, the COA has the legal right to take enforcement action. This includes seeking remedies under the law, using any enforcement powers in the governing documents, and even filing an eviction lawsuit against the tenant if authorized by the law.
How to Deal With HOA Tenant Problems
Lease agreements typically require tenants to comply with the community’s rules and regulations. Yet, when a violation takes place, the board can’t take action against the tenant.
Can HOA evict you? Here are the most common ways an HOA can deal with a tenant who repeatedly violates the rules.
1. Enforce the Rules Against the Owner
With a tenant not following HOA rules, the most common approach is to take enforcement action against the owner (landlord). This includes sending violation notices to the owner and holding a disciplinary hearing as per Illinois law (765 ILCS 160/1-30 and 765 ILCS 605/18.4).
From there, the HOA board can impose fines or other penalties in line with the governing documents. The owner faces all these because of their tenant’s actions. It is now up to the owner to enforce the lease, even collecting the fine amount from the tenant.
2. Require the Owner to Correct the Problem
Can HOA evict you? Many CC&Rs and bylaws state the owners are responsible for the actions of their tenants. If the tenant continues to violate the rules, the owner may have to issue a warning and enforce the lease. Repeat violations can even compel the owner to begin eviction proceedings.
3. Suspend Common Area Privileges
If state laws and the governing documents permit it, the HOA board may suspend the tenant’s access to amenities. These include swimming pools, clubhouses, fitness centers, and tennis courts. Oftentimes, this will be enough to push the tenant to comply with the rules.
Moreover, the HOA may apply this suspension to both the owner and the renter. Board members must confirm if this is possible by checking their CC&Rs and bylaws.
4. Seek a Court Order
With a pattern of repeated tenant HOA violations, fines and suspensions may not resolve the issue. In that case, the HOA may file a lawsuit seeking an injunction that orders the owner or tenant to stop violating the rules. This lawsuit can also seek fines or damages.
Of course, the HOA is not the decision-making body here. With this type of recourse, the court will determine whether or not to grant this relief to the association.
5. Require Lease Compliance
Many governing documents require lease agreements to state that tenants must comply with the association’s rules and bylaws. This gives the owner contractual grounds to address tenant misconduct.
If the tenant breaches the lease by violating HOA rules, the owner may have the legal basis to terminate the tenancy. That said, eviction proceedings can take time and cost a lot of money. Plus, owners must comply with landlord-tenant laws.
Tenant Violating HOA Rules? Steps for Escalation
Can HOA evict you? When a tenant violates the association’s rules, the HOA board must still follow proper enforcement procedures. Here are the steps.
- Notify the Owner. First, the association must inform the owner of the tenant’s violation by sending written notice.
- Give a Chance to Cure. The HOA must give the owner an opportunity to correct the problem. If corrected, further escalation may not be necessary.
- Hold a Hearing. If the owner makes a request, the board must give them an opportunity to be heard. At the hearing, board members must use sound and objective judgment to make a decision.
- Impose Fines or Other Penalties. If the board decides that a penalty is warranted, it may fine the owner or suspend privileges.
- Continue Enforcement. Should the violations persist, the HOA must continue its enforcement actions.
- Ask the Owner to Enforce the Lease. Ongoing or repeated rule violations are usually lease violations, too. The HOA board can ask the owner/landlord to enforce the lease, including eviction if appropriate.
- Seek Judicial Relief. If necessary, the HOA can go to court and seek an injunction or order.
Can HOA Evict You? Answered!
In general, an HOA can’t evict a tenant for violating the rules. That said, Illinois law does give some authority to condominiums to evict tenants if they break the rules. Still, eviction shouldn’t be the first answer. Instead, the board should hold the owner accountable and follow proper enforcement procedures.
Hillcrest offers HOA management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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