Legal? Florida HOA Evicts Owner’s Tenant, Changes Locks and Rents It Out
Joanne McCarn’s home in Wesley Chapel, Fla., is not foreclosed. She owns it and had rented it to a single mother of five children. According to the Tampa Tribune, though, the homeowners association has been walking a “tricky legal path” that led it to evict the tenant after the mother would not pay her rent to the HOA instead of McCarn. The association then moved in their own tenant and has been collecting the rent itself.
“This is not a foreclosed house,” McCarn said. “This is still my house.”
The Tribune reports it all started when the Bridgewater Community Association imposed a lien on McCarn in 2009, which she had not paid. McCarn said she did miss one HOA payment of $225 after her mother died, which she is willing to pay, but the lien is for more than $2,000. The Tribune states the lien amount includes “special assessments” and other fees that include legal costs and a $500 rental fee. McCarn states she and her husband tried to remedy the situation with the HOA President Mark Spector but were thrown off his property.
The original renter was later given 24 hours to leave the property. McCarn was then informed by a neighbor when a U-Haul pulled up and a new renter moved in. Watch the local news report for more, including background on other issues homeowners have had with this specific HOA before:
The Tribune has more on the legal issues surrounding this practice:
“Taking possession of the property and renting the unit out, that part is not something afforded by the law,” said Ben Solomon, a south Florida-based homeowners association lawyer.
The association did persuade a judge to issue an eviction order for McCarn’s tenant and order a receiver appointed to manage the property.
In Solomon’s view, that doesn’t make it right — or legal. It’s more a measure of how complicated the housing bust has grown.
“Judges rely on what rights attorneys tell them their clients are afforded under the law,” Solomon said. “If there’s no attorney on the other side to argue that it’s wrong, the judge most often takes the word of the attorney and grants the motion. Plus, these judges hearing these cases usually are not experts in real estate law.”
So, even while the eviction itself may be legal because McCarn hadn’t paid the lien. Solomon said this is not grounds to change locks or move in a new tenant. The Tribune states McCarn will be taking this case to court.
This story has been updated since its original posting. We referenced the Tampa Bay Tribune but it is in fact called the Tampa Tribune.
[H/T Blaze reader Susan H.]
- John McCain Lectures Tea Party Senator on How ‘Business’ Gets Done in Congress: ‘That’s What We’ve Been Doing for a Couple Hundred Years’ 551 Comments
- Boy Scouts of America Vote to Allow Gay Members 503 Comments
- Pope Francis’ Sermon Sparks Debate: ‘Even the Atheists’ Have Been Redeemed ‘With the Blood of Christ’ 477 Comments
- Piers Morgan Bans Dana Loesch From His Show Following Twitter Spat: ‘Show Some Bloody Respect’ 333 Comments
- Obama Doesn’t Return Marine’s Salute, Shakes Hand Instead — Is This a Protocol Misstep? 324 Comments
- Game-Changing Bombshell? There’s a Major Twist in the Story About a High School Student’s Lesbian Relationship With a Minor 201 Comments
- Is the Boy Scouts’ Gay Amendment the ‘Beginning of the End’ for the Group? (Plus: Tell Us Where You Stand) 216 Comments
- MSNBC Hosts Martin Bashir and Chris Hayes Claim London Machete Killers Aren’t Terrorists: ‘These Are Just Murderers’ 139 Comments
- Did You Catch the Possibly Policy-Changing Ft. Hood Reference in Obama’s Terror Speech? Read More
- Dem. Rep. Apologizes for Attending ‘Racist, Anti-Semitic and Homophobic’ Speech Read More
- Have You Had Scotch at a NJ TGI Friday’s Lately? You Might Have Been Drinking Rubbing Alcohol Read More
- Venezuelan President Blames Toilet Paper Shortage on the Rich Read More
- This Terrible Chart Shows the Change in Food Stamp Participation Over the Last 10 Years Read More
- Disney Makes Absolutely Mortifying Photoshop Mistake Read More
- Trey Gowdy at It Again — This Time with a Jack Bauer Reference! 117 Comments
- Rocket Bike Sets Land Speed Record — and Uses a Fuel You Wouldn’t Expect Read More
- How 3D Printing Technology Created a Special Part for Baby’s Windpipe and Saved His Life Read More
- 6 Fascinating Spy Gadgets You’ll Probably Want (and Can Have) After Seeing Read More
- How Would a 3D-Printed Shotgun Slug Hold Up? Here’s the Test Read More
- The Incredible Role Facebook Played in the Aftermath of Devastating Okla. Tornado Read More
- Schumer urges look at security in Sprint deal
- IMF chief named key witness in French payoff case
- Furlough Friday: Unpaid day off for many in gov't
- Obama OKs honor for Birmingham bombing victims
- Stocks barely budge; market ends week with loss
- Toronto mayor denies he smokes crack cocaine
- Suspect in killing of officer found dead in cell
- Principal recounts storm hitting Okla. school