There are a lot of myths about HOAs out there, such as that they take away a resident's voice or put neighbors against one another. These are not true, as the purpose of an HOA is to foster a welcoming environment and hold all homeowners accountable.
However, it can be difficult to hold a homeowner accountable for their property when they rent it out. An HOA only has so much power, and they can't control how a renter behaves in the neighborhood.
Here are three things you should know about HOA evictions in Oakland and whether or not it's an easy path to take.
1. What the HOA Can Do
An HOA board has four main responsibilities as part of its operations.
First, it chooses an HOA manager to oversee the daily operations of the overall community. Second, it manages HOA finances such as when residents pay dues and various financial decisions.
Third, the HOA board enforces whatever rules its HOA has set up. Finally, the members listen to residents and respond to any concerns or complaints.
While an HOA cannot legally evict a person, they can place a lien on a property or pursue legal action. This is most commonly done if the homeowner fails to pay their fines or dues.
2. Renter Violations
The main violation a renter can make is failing to pay their fees. In many cases, the homeowner will leave it up to the renter to deal with the HOA. This may or may not include paying their dues, which is an essential part of owning a property in an area run by an HOA.
Aside from that, a renter may also cause noise disturbances, break community rules, or commit illegal actions on the property. All of these violate HOA policies and are issues that must be addressed by the homeowner.
3. The HOA Needs to Go Through the Homeowner
At most, an HOA can talk with a renter to discuss their actions and fine them. However, a renter has no obligation to pay this fine. The HOA is also unable to enforce the rules at the renter's level.
Instead, the HOA board needs to contact the homeowner directly.
Failure to pay any fees or fines may give the HOA the authority to foreclose on the property. The sale proceeds would go towards covering any unpaid fees.
Some jurisdictions allow associations to evict tenants or force homeowners to terminate their leases. Property managers in Oakland can tell you if the HOA is within their rights or not.
Leave HOA Evictions to Property Management in Oakland
HOA evictions are a difficult issue to navigate. Even if a neighborhood has a terrible renter who refuses to follow the rules, the HOA may be limited in how they can handle them. Their best bet is to either contact the homeowner or Oakland property managers.
If you need help with your Oakland HOA evictions, look no further than PMI Oakland. We provide property management services for Oakland and its surrounding communities. Contact us today to schedule a consultation and learn more about how we can help your board.
