HOA living can be the ideal life for many. You have beautiful, pristine, and secure surroundings, and it's easy to look out the window and see the American dream in front of you.
Unless that is, you get unwelcome mail telling you to leave your much-loved property.
HOA evictions can feel like a scary process, so it's important to know what's involved. Here's a guide to everything you need about the HOA eviction process in Orem, Utah.
1. HOAs Have a Legal Right to Eviction
People think of HOAs as community management teams and may conclude that this power doesn't extend to something as serious as an eviction.
However, HOAs in Utah do have the power to evict homeowners under certain circumstances. However, they can only evict for certain HOA policy violations, including non-compliance with rules and nonpayment of fees.
2. Associations Must Follow the Correct HOA Eviction Process
HOAs can't send out an eviction demand without giving homeowners notice. There is due process, and by law, HOAs must abide by it.
The first step of that process is a formal written notice to the homeowner. This must outline the violation and provide timescales for the owner to fix the problem.
This gives all homeowners a chance to avoid eviction. Homeowners also have the right to contest the eviction and have their case heard by the HOA board.
3. Financial Implications of an HOA Eviction
It's important to understand that while homeowners can challenge an eviction, there are financial consequences when you face an eviction process.
HOA boards can choose to place a lien on a property due to a compliance issue, such as when homeowners haven't paid their HOA fees or have broken other important homeowner association rules.
When that happens, it can damage your credit score, which can have a long-term impact on your ability to access loans or mortgages.
4. The Impact on Homeownership
If the eviction goes ahead, the homeowner may face more than mortgage difficulties. They will also experience the long-term financial instability and stress of losing a house and its equity.
It's essential to remember this, and evictions should always be a last resort when all else has failed.
5. Legal Support for HOA Evictions
HOA homeowners are entitled to defend themselves against the threat of eviction, and that means seeking professional legal support.
If a homeowner can't afford an attorney, they may be able to seek free support via a legal aid organization. When the HOA board listens to the defense, it has an obligation to treat that defense objectively and give the homeowner fair consideration.
Avoid HOA Evictions
It's essential to know the law on HOA evictions. While there may be times when it's necessary, they are always a last resort. Use this guide to help you navigate the process.
PMI Reliant's team is part of one of the largest real estate groups in the world. We bring local knowledge of Orem, Utah, and combine it with world-class real estate expertise. Find out more about how we can help your HOA.
