Can a HOA intercept rent and/or evict tenants? 6 Answers as of July 12, 2013

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.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Generally HOA can get the courts to put the rent into a receivership for there benefit and they can evict tenants if the by laws give them the authority to, which it usually does.
Answer Applies to: New York
Replied: 7/12/2013
Janke Legal Consulting | Bruce C. Janke
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.
Answer Applies to: California
Replied: 7/10/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
You probably need to short sell the property if there is no equity in it.
Answer Applies to: California
Replied: 7/10/2013
Law Offices of George H. Shers | George H. Shers
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.
Answer Applies to: California
Replied: 7/10/2013
Victor Varga | Victor Varga
No and no. Pay the HOA fees, or face a lawsuit/lien/forced sale.
Answer Applies to: Maryland
Replied: 7/10/2013
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