It's every HOA board's instinct to avoid evicting a homeowner. It's messy, and it feels at odds with running a community.
However, tenant problems can begin to snowball if left unchecked. Complaints start, and they get louder until you are left with no choice but to begin eviction proceedings.
Here are some dos and don'ts of HOA evictions to ensure you protect your community and association in Santa Clara.
Do Check the Law
HOA evictions must follow state law, meaning you must read up on tenant rights in California. Your evictions must also follow any governing rules for your HOA, so you'll need to familiarize yourself with those, too.
Evictions should always include a fair notice period, and you must tell tenants in writing about your plans to evict. That notice should also outline the reason for the eviction, like non-payment of HOA fees.
Don't Rush the Process
Evictions can feel frustrating for everyone involved. But that doesn't mean you should rush them. That could lead to mistakes, and you may overlook potential ways of resolving the situation amicably without eviction.
Rushing an eviction could also land you with legal problems if the tenant can argue that they weren't given sufficient time to resolve the issue.
Patience during the eviction process is also fairer for the tenant. And remember that it's the job of the HOA to create a harmonious community, which means applying fairness where you can.
Do Focus on Excellent Communication
Sometimes, evictions can occur because of a breakdown in communications. When that happens, parties often feel like an eviction is the only option.
But it's important to keep dialogue going as much as possible. It means you will avoid misunderstandings, increase the chance of a swift resolution, and perhaps avoid pursuing an eviction altogether.
Speak in person or on the phone as much as possible, but always follow up discussions in writing.
Don't Forget About Homeowner Rights
Throughout your HOA eviction process, don't forget to think about the rights of your homeowners. HOA homeowners are entitled to a fair hearing and some time to remedy a violation.
If you don't allow that, a homeowner will likely appeal, which can lengthen the process. It's also worth reviewing your HOA governing documents to ensure they are fair and comprehensive.
Do Seek Mediation Where Necessary
Some evictions can seem complex or challenging. The best way to handle that is to seek a mediator.
You could use a property management company like ours. We offer association management services so our experts can step in and help guide both parties through the eviction process.
Mediation is an excellent way to resolve an impasse.
HOA Evictions: Getting the Process Right
HOA evictions may be a last resort, but they are there for a good reason: to protect your HOA community in Santa Clara. So you must prepare for any eventuality.
At PMI SouthBay, we understand the uniqueness of each housing community and how to make it work. That's why so many HOAs choose to depend on us for professional support.
Discover more about our experienced association management team here.
