Along with the many benefits of living in an HOA, community living comes with certain rules that apply to every resident. These rules exist for the benefit of everyone in the community.
As a result, homeowners may face severe consequences for non-compliance, but an HOA still does not have the power to evict anyone. Under U.S. law, only a homeowner can evict someone from their property.
That doesn't mean HOAs don't have ways and means to get rid of community members who don't toe the line. Read on to find out everything you need to know about HOA evictions in Woodbridge, Virginia.
HOA Rules
When you buy property in an HOA, you should be allowed to view a copy of the HOA's governing documents. These include:
- Articles of Incorporation
- Declaration of Covenants, Conditions, and Restrictions
- Bylaws
- Any other regulations or HOA rules
Every HOA must file these documents so they become public records.
HOAs must be registered with the state and also comply with certain laws applicable to every HOA community in Virginia. These include:
- The Fair Housing Act
- Virginia Fair Housing Law
- The Americans with Disabilities Act of 1990
- The Virginia Debt Collection Act
In some cases, the association's governing documents may grant them the power to evict tenants. However, under Virginia law, an HOA board does not have the authority to evict a tenant or force a homeowner to do so.
The most that an HOA can do is levy fines against those who do not comply with their governing documents. One of the most important rules of any HOA is that homeowners must contribute toward the operational costs of the community by paying HOA fees.
How Do HOAs Enforce Compliance?
To promote timely payment of HOA fees, HOA boards may impose late payment penalties, file a suit against the homeowner for past-due amounts, or place a lien against the homeowner's property.
Any fines incurred by a tenant in an HOA are levied against the homeowner's property and may form part of an HOA lien.
They must abide by the Fair Debt Collection Practices Act in all their efforts to collect these fees.
If the homeowner does not pay their HOA fees within 12 months of them becoming overdue, the HOA may foreclose on their property to get the money owed to them, even if the homeowner's mortgage is paid up to date.
So, while this drawn-out process isn't the same as a regular eviction, it does have the same result.
Avoid HOA Evictions in Your Community
There's rarely a need for HOA evictions in well-run communities where residents understand the value of HOA rules and regulations and fee collections are carried out effectively. One way to ensure this is by working with an experienced HOA management team.
PMI Prince William is backed by over 20 years of experience in Virginia real estate. We offer a comprehensive range of HOA services to assist HOA board members and community members in reaping the best benefits of HOA living.
Browse our blog for more information and advice or reach out if you need assistance with your HOA community in Woodbridge, VA.
