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stonebridge · Mar 16, 2011, 10:41 AM

Hi!
I live in a unit (towhouse) that is inshortsale, the landlord let us stay here as her "guest" never as tenants, the president of the asociation live two units down the road, he have made our life imposble to the level that he already screamed at my kid one day that she was riding her bike on my driveway that day I had to respectfully talk to him about it, but his reaction was very agresive and offensive, I had to call the police on him and he end up with a warning for harassing child's and a posible trespassing order, after that day, he and the HOA have lieve on my door two notices of "unaproved tenants" and "childs can not play in the road" , a week ago they left a "7 days notice" and last night at 9:00 p.m. they left an eviction on our door, this eviction is "ridiculous" it's from the stonebridge asociation vs unknown tenant #1 and unknown tenant #2, and actually sais that if we want to fight the sue, we have to write a letter saying why we should not be removed from the property and pay the rent at the clerck.. in the sue (eviction) it never say the amount that we should pay,off course we are the landlord's guests! this whole eviction thing is new for me I do not know anything, I am a single father me and my kid don't have a place to go right now, and I only have a part time job, have been looking for a full time since decemeber but I am still looking every day.
Any help that you can give me would be highly apreciate it,THANK YOU!
p.d. they think that our landlord is getting rent from me.

smoothy · Mar 16, 2011, 10:47 AM

#1... you are a tenant. You don't own the place. Rent doesn't have a factor legally. If you were "Visiting" for more than a couple weeks.

#2... Guests, tenants and residents or visitors are subject to ALL the rules and bylaws of the association.

#3... depending on the bylaws... the HOA CAN legally restrict or limit non-owner residents. And limit the amount of time a guest is allowed to visit. And yes they can PREVENT an owner from renting, loaniong or leasing the unit out to anyone else if its in the Bylaws.

You don't have to owe anything to get evicted... but eveiction laws typically give you 30 days before the sherrifs will come and put your stuff out.

It appears the owners did not get the required permission to have someone living there. And like I said... if you was there more than a couple weeks... you are a tenant. If you paid rent or not. And a HOA can evict even owners who are in flagrant violation of the bylaws or fail to pay their fees.

So it really boils down to what the Bylaws actually say...

AK lawyer · Mar 16, 2011, 11:28 AM

Originally Posted by smoothy

...
So it really boils down to what the Bylaws actually say....

And what state or country you are in. Laws vary. But it is highly unlikely that the HOA can evict you without first going to court and getting a court order.

stonebridge · Mar 16, 2011, 11:53 AM

Thank you very much you were really clear and kynd.

stonebridge · Mar 16, 2011, 11:56 AM

Hi AK lawyer I live in orange county (orlando) Florida, and yes this eviction came from the court and has a case number; thank you .

smoothy · Mar 16, 2011, 12:12 PM

I've lived in two different places with a HOA (differnt cities, different states). I developed a REAL healthy dislike for them as a result. I looked for houses that specifically DIDN'T fall under a HOA when I bought mine. Difficult in my area... impossible in some others.

ballengerb1 · Mar 16, 2011, 12:25 PM

I think it would be helpful to see/know exactly what that notice says. Is there a hearing date?

AK lawyer · Mar 16, 2011, 12:32 PM

Originally Posted by stonebridge

Hi AK lawyer i live in orange county (orlando) florida, and yes this eviction came from the court and has a case number; thank you .

Several things are strange about it, then.

Unless the short sale has been completed, and the association has bought it, I don't understand how it can be the landlord. And if it's not the LL, how can it seek an eviction order?

Also, the method of service is suspect. You say that " last night at 9:00 p.m. they left an eviction on our door". Here is Florida's civil rule on service of process. I don't see anything in it that, as in some states, would allow what they call "nail and mail" service (what you are describing).

Originally Posted by stonebridge

... p.d. they think that our landlord is getting rent from me.

Unless and until you are notified that someone other than your landlord has title to the property, you should continue to pay rent to your landlord. Are you current in your rent?

ballengerb1 · Mar 16, 2011, 12:35 PM

I agree with AK anout the strangeness point. A HOA can not evict someone. They can fine your pants off, get liens and make life miserable but not evict.

smoothy · Mar 16, 2011, 12:44 PM

Not sure about Orlando... But in Virginia they can. Particularly non-owners because any lease (or implied lease) is subject to the terms and conditions of the HOA bylaws. Not so easy for actual owner-occupants, but they actually CAN force a sale too here in cases of Gross non-compliance. I know of one local case like that. Homeowner violated a bunch of rules and refused to pay the association dues... they (the HOA) got the property through the courts. Not just a lien. But I have no idea what went on behind the scenese there. It was in the local papers a couple years ago.

But Florida and Orlando particularly? I have no idea. I know that area has some really strict ordinances from people I know that live in that area, near Orlando.

AK lawyer · Mar 16, 2011, 12:51 PM

Originally Posted by smoothy

...But in Virginia [the HOA]... actually CAN force a sale too here in cases of Gross non-compliance. ...

Probably true, but it's not clear that they have yet done that. And in any case, a tenant has the right to continue to occupy under the lease in the case of a mortgage foreclosure. There is, I believe a federal statute requiring at least 90 days. The cite is hard to pin down because it was buried in one of those gazillion-page monstrosities that no one in the Congress read before adopting it. But I'm pretty sure that it's there.

smoothy · Mar 16, 2011, 12:57 PM

Originally Posted by AK lawyer

Probably true, but it's not clear that they have yet done that. And in any case, a tenant has the right to continue to occupy under the lease in the case of a mortgage foreclosure. There is, I believe a federal statute requiring at least 90 days. The cite is hard to pin down because it was buried in one of those gazillion-page monstrosities that no one in the Congress read before adopting it. But I'm pretty sure that it's there.

I agree... assuming its not for reasons other than a shortsale or foreclosure. But if that lease was written and made in conflict with HOA requirements or guidelines... the HOA would prevail at least here in VA as the court would nullify the contract. And the OP says they have no written lease.

One of the reasons we grudgingly call Homeowners Associations "Personal Fiefdoms for people with Napoleon Complexes" around here. They have too much power.

As was mentioned... there might be reasons the OP is unaware of or just haven't been passed on to us.

stonebridge · Mar 16, 2011, 01:23 PM

No ballengerb look like I have 5 days to respond, I just talk to my realtor and he said that we can go to the asociation office since I love this place and try to negotiate with them to pay the monthly asociation fee until the bank get this unit back, so far the bank said that they would take it back in 14 months.. so that may be a good way to go , but I am almost sure that they won't accept it . They are VERY strict.

stonebridge · Mar 16, 2011, 01:25 PM

Yeah my neighbor just told me that he thinks that the president of the asociation personally left these eviction on my door by the way there are two evictions notices,one for unknown tenant #1 and another for unknown tenant # 2... hmm very weird

stonebridge · Mar 16, 2011, 01:29 PM

By the way I moved here on October of 2010 if that helps you guys to have a more clear idea of the whole thing.. again I never heard about something like this.

stonebridge · Mar 16, 2011, 01:37 PM

By the way I moved here on October of 2010 if that helps you guys to have a more clear idea of the whole thing.. again I never heard about something like this.

ballengerb1 · Mar 16, 2011, 02:34 PM

I am sure evcition laws vary from state to state but, in IL, no HOA can evict anyone, tenant or owner. The HOA is not the property owner and they can not deprive the owner from use. Some HOA have it written into their covanents that they can evict but they are actually the ones found breaking the law when they try to evict. I am wondering if the short sale went through and the new owner is doing the eviction.

smoothy · Mar 16, 2011, 05:58 PM

Originally Posted by ballengerb1

I am sure evcition laws vary from state to state but, in IL, no HOA can evict anyone, tenant or owner. The HOA is not the property owner and they can not deprive the owner from use. Some HOA have it written into their covanents that they can evict but they are actually the ones found breaking the law when they try to evict. I am wondering if the short sale went through and the new owner is doing the eviction.

If it IS the new owner... they only have to properly serve them with 30 days notice to vacate. No lease means month to month... I doubt Orlando has a longer notice requirement. But I can't believe its less than 30 days either.

smoothy · Mar 16, 2011, 06:32 PM

Originally Posted by stonebridge

by the way i moved here on october of 2010 if that helps you guys to have a more clear idea of the whole thing.. again i never heard about something like this.

That just proves you ARE a resident... not a guest or visitor. That's way more than a week or two that can be called a visit. But without a written lease... if they (the owners) want you out in 30 days... you don't have a lot you can do. And if the HOA is legally allowed to take action... there still isn't a lot you can do.

We need someone more familiar with Florida laws and HOA's to weigh in on this.

ScottGem · Mar 16, 2011, 06:52 PM

Ok, you said that they served you a 7 days notice, When you ignored that notice, they went to court and got an eviction order. That part makes sense.

What you need to do now is respond to the court requesting a hearing. But here is the problem. You NEED to know the rules of the HOA. It is entirely possible that they have the right to force any unapproved tenant out. If the HOA rules provide for that, then they are likely to win in court. Did either the 7 day notice or the eviction order state the grounds for having you vacate?

Without us knowing the rules of the HOA we do not know whether they are within their rights or not. The Unknown Tenant 1 & 2 are you and your son. It was probably worded that way to show that you are there without the approval of the HOA. My guess, since they did get a court to issue an order, is that the rules work against you and you may have to vacate.