Florida Eviction Law Basics

Home Owners Association and What They Do?

Home Owners Associations or HOAs are legal bodies that are entrusted with responsibilities of maintaining areas common to homes. Housing associations have HOAs formed during development. HOAs mandate certain rules, conditions, restrictions, and covenants to be adhered to by each homeowner in the HOA jurisdiction.

HOAs ensure that all homeowners comply with the established rules. By doing so they contribute to the quality and value of individual homes and surrounding areas.

Salient Points of a HOA

  • A HOA jurisdiction mandates that all property owners within that jurisdiction be a member. There is no provision to opt out of the HOA.
  • All members are charged fees.
  • HOAs have the legal permission to enforce design and maintenance regulations on homes as per the prevalent housing regulations.

HOAs and Eviction

411 Florida Eviction Law

There is a lot of confusion regarding HOAs and eviction. Some people assume that HOAs can evict the tenant of a HOA member. Some understand that HOA is legally entitled to enforce rules and regulations on the homeowners. They are not sure if this applies to tenants.   

Some HOAs have hard-coded some laws regarding eviction of tenants in their respective CC&Rs (Covenants, Conditions and Restrictions). Such HOAs have full authority to foreclose and evict members who do not pay fees or assessments.

These are dangerous Florida eviction laws as per some analysts. They consider this to be a negative trend. HOAs with such rules are now viewed with an eye of suspicion.

Why HOAs are Good and Bad

They are good because they maintain common areas in a locality. They develop these areas and make living in the locality a pleasurable experience. For instance, a HOA could build a pool in the locality. Homeowners and tenants can use this facility and not be worried about spending thousands of dollars a year maintaining a swimming pool of their own.

HOAs are bad considering some HOAs have high membership fees. Some of them have unclear eviction laws following delinquency by the homeowner in paying fees or membership charges.

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