Can a renter be evicted for not paying HOA fees?

In general, a lease agreement is a contract between the homeowner and the renter, while a community declaration is a contract between each homeowner and the association. As a result, an HOA cannot directly “evict” a renter that does not pay assessments, but it can take enforcement action against the homeowner—including liens or fines as appropriate.  

If a lease requires a renter to pay HOA fees, the homeowner/landlord has a right to enforce the lease agreement against the renter, which could potentially include eviction for non-payment.   

In a few jurisdictions and limited situations, an HOA is empowered by statute to pursue eviction against a tenant who is not complying with community covenants. However, this remedy is more common in condominium laws than in HOA statutes. See, Tex. Prop. Code § 82.067(h); Fla. Stat. §718.116.

Can an HOA collect rental payments?

An HOA can sometimes collect rental payments, but it must be empowered to do so by either state law or a contract with the property owner. A homeowner and HOA might, for instance, enter into an agreement under which the association takes on the obligation to collect rent—acting similarly to a property management company—in exchange for a percentage of rent received.

In a minority of states, HOAs, or more commonly, condominium associations, can attach rent payments owed to a homeowner who is delinquent on assessments.  

Under the Florida law, upon receiving valid notice of attachment from the HOA, the tenant must make rent payments to the HOA, and payments are credited toward the delinquent assessment balance and the tenant’s rent.  Id. If a tenant refuses to comply, the HOA can pursue an eviction suit against the tenant. Id.

 

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