Having a sought-after HOA property is many homeowners' dream goal. But what if that dream comes crashing down in an instant when you get an eviction notice through the door?
It might sound like a nightmare scenario, but it happens, so it pays to be prepared. This guide will help you understand the process of an HOA eviction and your rights and responsibilities to help you fight your case in Vancouver, WA.
You Have a Right to Receive a Formal Notice
HOA evictions may come as a surprise, but they shouldn't be without some form of notice. As a homeowner, you have a right to be informed about the start of an eviction process and to get that information in writing.
The notice should also outline the HOA rules violations that have led to the threat of eviction and specify what happens next if you don't fix the violation.
This formal notice also gives you the right to remedy the situation, such as repairing property damage. So you can take action without the eviction, which can lead to more severe steps like a board hearing.
You Have a Right to Review the Evidence
If an HOA starts eviction proceedings, it's likely due to non-payment of fees or a violation of rules. In either case, you can request evidence to back up their claims.
Ask to see any documentation of photographic proof of the issue and any other details they hold regarding the allegation against you. This information may be helpful when defending yourself.
You Have a Responsibility to Note the Deadline
When you receive an HOA eviction notice, it will explain the violation and give you a deadline for resolving the issue. You are responsible for adhering to this deadline and taking action.
If you ignore or forget about it, it could make it harder to defend your side of things later in the process.
Don't ignore it if it's unrealistic or impossible to meet that deadline. Instead, speak to the HOA board representative to try and negotiate an alternative.
You Have a Right to a Fair Hearing
During the HOA eviction process, if you don't remedy the issue, you will be asked to present your case to the board. You have a right to a fair hearing and a right to use eviction legal support.
The HOA board must offer balance, and you must have a chance to present your defense to the board.
You Have a Responsibility to Take Action After a Board Hearing
If the HOA board rules in your favor, they will likely give you a set of actions and a completion date. It's your responsibility to make that happen to ensure the eviction case against you is canceled.
Protecting Yourself From HOA Evictions
Don't let HOA evictions become a worry and a preoccupation. Knowing your rights will help you defend yourself from any unfair eviction. Use this guide to help you.
Invest West Management, LLC is a trusted, family-run business in Washington and Oregon with extensive experience in association management. Visit our owner resources page for more advice and support.
