Can you evict a homeowner for major CCR violations?

If you are responsible for enforcement of your homeowners’ association’s rules, there is a good chance that you have never had to take any serious action. Most owners are serious about their responsibilities. They handle any problems that arise. They conform to the covenants, conditions and restrictions.

In fact, it is not uncommon for major, willful violations to completely blindside the HOA governing body. To make matters more frustrating, many non-compliant owners are highly defensive of their actions. Some even have experience with the enforcement process.

You may be tempted to take decisive action to protect the interests of your condo group. Please remember that, as per FindLaw, there are some things that you probably cannot do when attempting to enforce your CC&R — eviction, violation of rights, seizure of property and so on.

Negotiation

Assuming that you have tried all of the strategies you normally use for CC&R violations, your next alternative would probably be negotiation. For example, your HOA might agree to a variance that accommodates an acceptable degree of departure from the standard rules.

You would probably want to make these discussions as formal as possible. You could use third parties, such as mediators, to increase the accountability of all parties.

Litigation

If you find it impossible to reach an extralegal agreement, you might choose to go to court. The judge might empower you or local law enforcement to take stronger measures. Again, please do not preemptively take matters into your own hands — do not violate the owner’s rights in any way.

From the beginning, your strategy would probably aim to create a strong basis for legal action. All the records of your negotiations and communications with the owner — in addition to the articulation of the claim itself — would probably have an effect on the outcome of your case.