Georgia has very strict eviction laws that protect the rights of both homeowners and tenants. Even if a landlord loses their home to foreclosure, their tenants have a generous amount of time to find a new home.
HOA communities, which comprise homeowners, tenants, and an extra set of regulations, bring a new level of complexity into the picture regarding evictions.
Read on to find out more about HOA evictions in Georgia.
Legalities Surrounding HOA Evictions
Every HOA operates according to a set of CC&Rs. These regulations ensure that everyone enjoys the benefits of HOA living equally.
Enforcing these community rules is one of the HOA board's primary tasks. Yet, an HOA board cannot evict a homeowner from their property, regardless of how many rules they break.
A different set of rules applies to tenants.
Only HOA homeowners can start eviction proceedings against their tenants. So, if you have tenants in your HOA who consistently disregard the regulations, you must contact their landlord to bring them in line.
So, how can an HOA board get all residents to comply with its regulations?
What Can an HOA Do to Protect Their Community?
Effective homeowner association management relies on community members contributing toward the community's appeal and value. Residents do this by following the association's rules and paying the necessary HOA fees.
An HOA board can enforce compliance with these requirements by:
- Imposing fines on rule breakers
- Restricting access to amenities
- Placing an HOA lien on properties for outstanding fees
When a tenant residing in an HOA property breaks the rules and the homeowner doesn't rectify the issue, the board can fine the homeowner.
These fines accumulate until the tenant complies. Together with any outstanding fees, this can result in a lien being placed against the homeowner's property.
Ultimately, these outstanding fees may lead to an HOA foreclosure. In Georgia, this means the HOA must undertake a lengthy judicial process to recover their money.
Thanks to the Protecting Tenants at Foreclosure Act, tenants can remain in place for months after the foreclosure sale.
HOA homeowners who choose to evict their tenant instead of risk foreclosure can do so if they've included the CC&Rs as part of their lease agreement.
The eviction process in Georgia involves the following:
- Serving a notice to quit
- Filing an eviction lawsuit
- Attending eviction hearings and court proceedings
Once the judge has handed down an eviction verdict, the county sheriff serves the eviction notice.
In short, an HOA cannot remove a resident from a community without resorting to the above drawn-out process. The only option is to encourage compliance with effective management, clear communications, and an abundance of people skills.
Keep Your HOA Running Smoothly
Any HOA board grappling with these legalities can benefit hugely from expert advice on tap. If you're struggling to maintain order in your community, PMI Cornerstone can help you find a better way.
We have the time, resources, and knowledge to keep your HOA running smoothly and avoid evictions or foreclosures. We do this by implementing regular inspections and efficient fee-collection processes.
Get in touch to experience the peace of mind that comes from working with an experienced, committed team.
