Can A Condo Association Evict An Owner?

Condo associations have rules designed to maintain a harmonious living environment for all. These include noise restrictions, pet ownership, parking regulations, and guidelines about using shared amenities. 

Most condo owners and tenants may wonder how far the association can go to enforce these rules when they are repeatedly broken. While facing an eviction from a condo unit may seem surprising, it’s a reality some owners could face.

What rights do you, as a condo owner, have in these situations? Is it possible for an association to force you out, or are there limitations to their authority? In this article, we answer the question: can a condo association evict an owner?

What Can A Condo Association Do?

Condo associations govern condo complexes and manage various aspects of shared living. Let’s examine their role.

The Role Of A Condo Association

A condo association’s primary role is maintaining the common areas, enforcing community rules, and ensuring the property remains in good condition. This can include overseeing landscaping, building repairs, and managing amenities like pools and gyms. 

The association also manages finances, collecting dues from owners to fund maintenance and future projects. 

Beyond maintenance, condo associations enforce the rules and regulations outlined in governing documents. They also resolve disputes and represent the community's interests in negotiations with contractors, service providers, or local government officials. Their goal is to create a safe, pleasant living environment and to protect property values.

Governing Documents

Governing documents are the foundation of any condo community. They are a legal framework that outlines a condo community's rights, responsibilities, and rules. Governing documents are binding; non-compliance can result in penalties, fines, or legal action. They typically include:

• Declaration of Covenants, Conditions, and Restrictions (CC&Rs): This document lays out the legal structure of the condo. It specifies what is and isn’t allowed in the community and establishes the responsibilities of the condo association and owners. These include maintenance duties, payment of dues, and compliance with community rules.
• Bylaws: These govern a condo association's operations, including election procedures, meeting guidelines, assessment collection, and board responsibilities. 
• Rules and regulations: These detail day-to-day expectations for owners. 

So, Can A Condo Association Evict An Owner?

Let’s answer the question: Can a condo association evict an owner? While condo associations wield significant authority, their power to evict an owner directly is often limited.

Direct Eviction Powers

Unlike a landlord-tenant relationship, where eviction is a well-defined legal process, condo ownership comes with specific property rights. These rights limit the association’s legal authority to evict an owner from their unit directly. 

However, the association can take legal action if an owner fails to pay dues or repeatedly violates the community's rules. This may include placing liens on the property, which could lead to a foreclosure if governing documents and state laws give the association such powers. 

Common Causes For Eviction-Like Actions

While direct eviction is difficult and rare, there are common triggers for actions that can lead to foreclosure or a forced sale. One of the most common causes of eviction-like actions is non-payment of association dues. Since associations rely on these funds to maintain the community, failing to pay repeatedly may lead to legal action. 

Severe rule violations, such as chronic noise disturbances or illegal activity, can also lead to legal action. Other causes of eviction-like actions include subletting without approval and neglect, which can cause your unit to fall into disrepair. 

Legal Processes

For Non-Payment Of Dues

When condo owners fail to pay their condo fees, a condo association can use several legal avenues to recover the money. Here’s what your association might do in the event of non-payment of dues: 

• Issue a notice of default: When condo fees aren’t paid, the association typically sends a notice of default, informing the owner they’re in violation and giving a deadline to pay before legal action starts. Follow-up notices may be sent if the owner doesn't respond.
• Filing a lien: If payment isn’t made, the association can file a lien against the property, ensuring they collect payment before the property is sold. This lien complicates selling or refinancing until the debt is paid.
• Foreclosure: For continued non-payment, the association may begin foreclosure proceedings, forcing a property sale to recover unpaid dues. However, mortgage liens usually take priority over condo association liens.
• Eviction and renting the unit: In some states, the association can seek legal possession of the unit. Once obtained, they may rent it out to recover lost fees. This option is often available for up to 13 months, but the exact details vary by state.

For Rule Violations

When a condo owner violates community rules, the association can take several steps to compel compliance. These steps may culminate in legal action if necessary. Here are some common legal procedures for rule violations:

• Warning and fines: An association will initially issue a warning or notice of violation. If the owner continues to break the rules, the association may impose penalties, as outlined in the governing documents. These fines can accumulate daily and become a lien against the property if unpaid.
• Suspension of privileges: The association may suspend an owner’s privileges for continued rule violations. These include access to common areas or amenities like the pool and gym. 
• Mediation or arbitration: The condo association may sometimes seek mediation or arbitration before taking legal action. This is common for disputes that don’t involve monetary penalties, allowing both parties to resolve the issue outside of court​.
• Legal action: If the owner refuses to comply despite fines and suspensions, the association may file a lawsuit seeking injunctive relief. The court may then issue a judgment requiring the owner to follow the rules or pay outstanding fines. 

How To Prevent Disputes

Tips For Homeowners

The first step homeowners should take to prevent disputes is to know the rules. Review the condo association’s governing documents (CC&Rs, bylaws) to understand your responsibilities.

• Stay involved: Attend board meetings to stay informed on changes and voice your needs and concerns.
• Pay dues on time: Pay assessments promptly to prevent penalties or legal action.
• Communicate early: If you’re in financial trouble or disagree with a rule, communicate with the board proactively before the issue escalates.
• Respect common areas: Follow community guidelines about noise, pets, and shared spaces to prevent conflicts with neighbors and the association.

Tips For Associations

• Be transparent: Communicate any rule changes, dues increases, or new policies to residents in writing.
• Offer payment plans: If a homeowner faces financial hardship, offer a reasonable payment plan to avoid lengthy legal battles.
• Stay professional: Maintain a calm and professional demeanor when addressing violations or disputes, focusing on solutions.
• Ensure consistency: Enforce rules consistently to avoid claims of favoritism or unfair treatment.
• Provide mediation options: When disputes arise, offer mediation before resorting to legal action.

The Bottom Line

While condo associations cannot directly evict an owner like a landlord might a tenant, they still have legal tools to enforce rules and collect unpaid dues. They can file liens, initiate foreclosure, or even temporarily take possession of a unit to rent. 

These actions often involve lengthy legal processes and are typically used as a last resort. Understanding the governing documents and maintaining open communication can help homeowners and associations avoid costly disputes. 

Are you looking for a well-managed condo with clear governing rules that make condo living easy? Hudson Condos has a large database of available condos available in New Jersey with varying price points, specs, and amenities to suit your needs. 

Contact us today!