QUESTION
Can a HOA intercept rent and/or evict tenants?
Asked on Jul 08th, 2013 on Foreclosures - California
More details to this question:
Can a HOA intercept rent or evict tenants. I own house which is rented. Value has dropped from 320k value now 180k. Rent does not cover HOA fees and Mortgage Payment. Tenants are section 8. What can I do? I owe 6k in back HOA fees.
3 ANSWERS
The HOA can not collect rent nor evict the tenant as it is not the owner of the unit. It can go directly after you, which it will, to collect the back association fees.
Answered on Jul 10th, 2013 at 11:05 PM
You probably need to short sell the property if there is no equity in it.
Answered on Jul 10th, 2013 at 10:57 PM
The HOA would have to sue you and win a judgment first. Then there are a number of ways it can attempt to satisfy the judgment. However, I've never heard of a creditor intercepting rent checks. I presume you receive the checks from the government by mail, so I can't see how the HOA could legally intercept them. It might eventually be possible for the HOA to serve the judgment and writ of execution on the government and demand that the checks be sent to the HOA, but I don't know if the government would comply.
Answered on Jul 10th, 2013 at 10:56 PM