Can A Condo Association Legally Evict An Owner?

No, a condo association cannot evict an owner directly. Eviction applies only to people who rent the unit; owners hold the title, not a lease. When an owner falls behind on dues or violates bylaws, the board may file a lien, impose fines, or initiate foreclosure - processes that ultimately force a sale rather than a door‑to‑door removal.

For instance, Florida statutes let a board record a lien after a 90‑day notice and then pursue a foreclosure sale if the balance remains unpaid. Other states require a hearing before any forced‑sale action, a safeguard discussed in the 'what rights protect you as owner?' section. Because the association's power stops at financial remedies, any claim of direct eviction is a misunderstanding of the law, and the real battle lies in contesting liens or foreclosures, as we'll explore next.

The condo association can evict tenants but cannot evict owners directly. When a lease is breached - non‑payment, illegal subletting, or persistent nuisance - the board serves a formal notice, then pursues eviction through the local court system, just as a landlord would.

Owners face a different toolbox. The board may record a lien, file a foreclosure action, or sue for unpaid assessments, but the ownership interest stays intact until a judgment forces a sale. (Eviction, in legal terms, simply isn't on the table for them.)

Unpaid condo fees can turn into a lien and, in many states, lead to foreclosure. As we covered above, owners never face a direct eviction; the association's remedy is financial, not physical.

1. Association records a lien after sending a demand letter and waiting the statutory notice period. The lien attaches to the unit's title, signaling that the debt is tied to the property itself.
2. Lender or board files a lawsuit to convert the lien into a judgment. Courts typically grant judgment when the owner ignores both the demand and the lien, allowing the association to pursue collection through the real estate market.
3. Judgment triggers a foreclosure sale once the association obtains a sheriff's notice or trustee's deed, depending on state procedure. The unit can be auctioned to satisfy the owed assessments, interest, and fees.
4. State-specific safeguards may pause the process. For instance, Florida requires a five‑day notice before recording a lien and grants a 90‑day redemption window after a foreclosure sale Florida condo lien process. Other states, like California, mandate mediation before a foreclosure petition can be filed.

Each step compounds the financial pressure, turning missed dues into a forced sale without ever involving a tenant eviction.

Condo owners enjoy several statutory and contractual safeguards that keep an association from booting them out or seizing their unit without due process. Those protections activate before any lien, foreclosure, or court action can proceed.

• Mandatory notice and hearing: State condo statutes, often modeled on the Uniform Condominium Act provisions on notice and hearing, require the association to inform the owner of alleged delinquency and give a fair opportunity to contest before filing a lien.
• Detailed accounting rights: Owners may demand a full, itemized statement of dues, penalties, and interest, and can dispute any inaccuracies through the board's grievance process or a court petition.
• Structured repayment options: Many jurisdictions obligate the board to consider payment plans or mediation before moving toward foreclosure, giving owners a realistic path to catch up.
• Protection from abusive collection tactics: While the FDCPA does not cover associations directly, state unfair‑debt‑collection statutes shield owners from harassment, excessive calls, or false statements during collection.
• Access to association records: Owners retain the right to review meeting minutes, financial statements, and lien filings, ensuring transparency and enabling timely challenges.

Several states embed procedural hurdles that keep a condo association from rushing a unit into foreclosure, effectively shielding owners from a forced sale. As we covered above, eviction applies only to tenants, while owners confront lien and foreclosure rules shaped by state law.

• California Civil Code §§ 5600‑5650 permits non‑judicial foreclosure of HOA liens but grants no statutory right of redemption after a valid sale, forcing the association to follow strict notice and recording steps.
• Florida Statute § 718.116 requires the association to give notice and an opportunity to cure delinquent assessments before initiating a notice‑and‑sale foreclosure; a court hearing is not mandatory.
• Texas Property Code §§ 209.001‑209.009 allows non‑judicial foreclosure of HOA liens when the declaration authorizes it, but the association must publish a notice of sale and honor a cure period.
• New York Real Property Law §§ 744‑749 governs foreclosures of condominium liens, demanding a notice of default, a 90‑day cure window, and a recorded notice of sale before the unit can change hands.
• Illinois Condominium Property Act § 13‑209 requires a court judgment or a non‑judicial sale that follows the declaration's procedure, including a written demand and a reasonable opportunity to satisfy the debt.

The Johnson v. Sunset Condominium Association decision shows that repeated nuisance - here, nightly loud music - prompted the board to record a lien, not to evict the owner. The court affirmed the association's right to secure payment when the owner ignored multiple notices and refused to remedy the disturbance.

Florida law allows that step. §718.303 lets a condo association levy fines, demand payment, and, after proper notice, file a lien for unpaid amounts (Florida Statute §718.303). Johnson's case followed that sequence, and the judgment confirmed the lien's validity because the owner's behavior breached the community's noise rules and he failed to satisfy the statutory process.

Fine disputes don't have to balloon into liens or foreclosure; act early and follow a clear process.

1. Review the notice. Verify the alleged violation, the fine amount, and the deadline for payment. Most associations must include the governing document clause and a copy of the recorded violation.
2. Request a written hearing. Cite the association's own bylaws or state statutes that guarantee due‑process rights. Submit the request within the response window - usually 10‑30 days - to keep the matter off the penalty schedule.
3. Gather evidence. Photographs, contractor invoices, or neighbor affidavits can refute the claim. Organize everything chronologically; a tidy file strengthens the appeal.
4. File a formal appeal. Use the association's prescribed form, attach the evidence, and state why the fine is unwarranted. Keep a certified‑mail receipt for proof of delivery.
5. Escalate to mediation or small‑claims court only if the board denies the appeal. Small‑claims courts handle modest fines, but some states require filing in superior civil court for larger disputes; always verify local rules before proceeding.
6. Record the outcome. Update your personal file and inform the board of any settlement to prevent future accruals.

(See how to dispute condo association fines for state‑specific filing tips.)

Condo owners can sidestep most association threats by staying organized, communicating early, and leveraging procedural safeguards.

• Maintain meticulous records of every notice, payment receipt, and board meeting minute; pull them together the moment a dispute surfaces.
• Insist on a formal hearing before any lien, fine, or collection action sticks, citing the bylaws that require notice and an opportunity to be heard (as we covered above).
• Seek state‑specific legal counsel or a qualified legal‑aid service before agreeing to any settlement; many states cap board powers or demand mediation first.

Negotiating with the condo association can stop a lien or foreclosure and let the owner stay put.

First, read the declaration, bylaws, and any amendment that discuss assessment defaults. Those documents often spell out notice requirements, cure periods, and the board's duty to consider reasonable payment arrangements.

• Pull the paperwork together. Compile payment histories, bank statements, and any correspondence about the debt.
• Identify a hardship. Show loss of income, medical expenses, or other extenuating circumstances that explain the delinquency.
• Draft a repayment proposal. Offer a lump‑sum discount, a structured monthly plan, or a partial cash‑out sale of personal assets.
• Suggest an alternative remedy. Propose converting the debt into a lien release contingent on timely payments, which preserves the association's security while keeping the unit occupied.
• Ask for mediation if the governing documents allow it. Some states grant the board a duty to attempt informal resolution before pursuing a lien.
• Cite state protections. Reference statutes that limit the speed of lien enforcement or require a board vote to approve foreclosure actions, such as California Civil Code §§ 5565‑5567 where applicable.

Prompt, factual communication gives the board a reason to work with the owner rather than move straight to a lien. The next section shows how even a pet‑rule dispute can force a sale when owners refuse to negotiate.

A condo association cannot directly evict an owner for pet rule violations, but it can impose escalating fines that lead to a lien and, ultimately, a forced sale. As we covered above, owners face foreclosure‑style remedies rather than tenant‑only evictions.

When fines outpace an owner's budget, the association records a lien, then may initiate a foreclosure action to recover the debt, effectively pressuring the owner to sell. For example, a Florida unit repeatedly housed an unauthorized dog; the board levied monthly penalties, filed a lien, and pursued a foreclosure claim, leaving the owner with no realistic option but to relinquish the property (see Nolo guide on condo association liens). State statutes vary, but the pattern - a financial squeeze rather than a direct eviction - remains consistent, setting the stage for the next section on challenging fines before they spiral.