Florida has a new law that allows HOAs to evict a homeowner who’s behind on dues and lease the house to a tenant to make up for the lost money. The Bridgewater Community Association in Wesley Chapel has taken that to extremes.
Joanne McCarn says she missed a $225 dues payment in 2009 when her mother died. She claims she knew nothing about the overdue payment until recently. The HOA began tacking on late fees, attorney’s fees, and collection costs. By the time Joanne found out about her missed payment, the HOA was demanding $2,565, more than ten times the original amount. Joanne and her husband both tried to contact Association officials, who refused to talk to them.
The McCarn family had leased their home to a renter. But the HOA used the new Florida law to kick out the McCarn’s renter and put in a renter of their own. Joanne says it’s completely outrageous because the house hasn’t been foreclosed on.
“I still own this house,” she says. “The HOA changed the locks on the doors and they call the sheriff if I come near the property.”
A Homeowners Association lawyer in Florida says the HOA’s actions are illegal. If so, then homeowners in the Bridgewater Association may be hit with a special assessment to cover a hefty lawsuit against the community.
Ward Lucas, author of Neighbors At War! The Creepy Case Against Your Homeowners Association