Squatters in HOA communities can cause legal and financial headaches for homeowners and the association. Squatters occupy a property without permission, often taking advantage of empty homes. It’s important to handle squatters properly to avoid any unnecessary trouble. The first step is to understand the law.
The Growing Problem of Squatters in HOA Communities
Homeowners associations are seeing an increasing number of squatters move into vacant homes, creating a big problem. Homes that are left empty for long periods can attract squatters. They move in, cause damage, and even refuse to leave. For HOAs, this disrupts the community, lowers property values, and makes other homeowners feel unsafe.
In HOA communities, properties are supposed to be well-kept. However, when squatters take over, problems may arise. You could end up dealing with unsightly homes, safety issues, and even criminal activity. It’s becoming an increasingly common issue that HOAs need to be ready to address. Ignoring it only makes things worse.
What are Squatters Rights?
Squatters rights might sound strange, but they exist under the legal concept of adverse possession. These laws allow squatters to eventually claim legal ownership of a property upon meeting certain conditions. For example, squatters must live on the property for a certain amount of time, which could be anywhere from 5 to 20 years, depending on the state.
In North Carolina, for instance, squatters need to occupy the property for 20 years or for 7 years with the color of title to claim adverse possession. This is according to Section 1-40 and Section 1-38 of North Carolina law.
For a squatter to successfully claim adverse possession, they must live on the property openly, without the owner’s permission, and continuously. Sometimes, they may also need to pay property taxes or maintain the property.
Adverse possession laws prevent properties from staying vacant for too long. However, they can also make it harder to remove squatters once they settle in.
Why Homeowners and HOAs Should Understand Squatters Rights
Homeowners and HOAs need to understand squatters rights. Knowing the law will help avoid making mistakes when trying to get rid of squatters. If you try to remove them without following the correct legal steps, you could get even more trouble.
By understanding squatters rights, homeowners and HOAs can act quickly and within the bounds of the law. This can help prevent a squatter from claiming ownership through adverse possession. Acting early makes a big difference, especially since waiting too long could allow squatters to meet the criteria for ownership.
Homeowner Rights Against Squatters
Homeowners do have rights when dealing with squatters. One of the first rights is the ability to serve the squatter a notice to vacate. This is usually required before any eviction process can begin. The notice gives squatters a certain amount of time to leave the property voluntarily.
If the squatter refuses to leave, homeowners have the right to file an eviction lawsuit. This legal action allows the homeowner to regain control of their property. Once the court issues an eviction order, law enforcement can assist with removing the squatter.
Homeowners can also secure their property by changing locks or putting up additional security measures to prevent further occupation or damage.
Homeowners vs Squatters in HOAs: How to Remove Them
Removing squatters is no easy feat. It starts with serving a formal notice to quit or vacate, giving the squatter a deadline to leave. Each state has different laws about how long the squatter has to leave, so homeowners must ensure they’re following state rules.
Homeowners can file an unlawful detainer lawsuit if the squatter doesn’t leave after receiving the notice. This legal action is necessary to remove squatters from the property officially. Evidence, such as photos or videos of the squatter’s presence, can help strengthen the case in court.
After winning the lawsuit, the court will issue an eviction order. From there, law enforcement can handle the rest.
How to Sell a House With a Squatter
Selling a house with a squatter is complicated, but homeowners can do a few things.
1. Disclose the Presence of Squatters to Potential Buyers
Transparency is critical when selling a home occupied by squatters. Potential buyers need to know about the squatters so they can be prepared. It’s always better to be upfront, as hiding the situation can cause more problems later.
2. Hire a Lawyer to Help With the Process
A lawyer can be a lifesaver when selling a property with squatters. They can help navigate the complex legal landscape and ensure everything is done correctly. Removing squatters can take time, and legal advice is crucial in these cases.
3. Decide Who Will Be Responsible for the Eviction
Before selling the property, it’s important to decide whether the seller or the buyer will handle the eviction. Sometimes, sellers choose to deal with the squatters themselves before selling the house. Meanwhile, other times, the buyer may agree to take over the eviction process in exchange for a lower price.
4. Offer a Financial Incentive to Squatters to Leave
Believe it or not, offering squatters money to leave can be faster and cheaper than a long legal battle. It’s not an ideal solution. However, sometimes, it’s the easiest way to get the property back and move forward with the sale.
How to Fight Squatters in HOA Communities
There are some things HOA boards can do to prevent squatters in their neighborhoods.
1. Notify the Homeowner
If a property in the HOA becomes vacant, the association should notify the homeowner immediately. The faster the homeowner knows about the vacancy, the better their chances of stopping squatters from moving in.
2. Amend Governing Documents
Associations can amend their governing documents to include policies on dealing with vacant homes. This ensures there are clear steps to follow if squatters move in and helps the HOA respond more effectively.
3. Recommend Paying Squatters to Leave
Although it might not be the first choice, recommending paying squatters to leave can be an effective solution. It can save time and prevent further property damage.
4. Seek Legal Counsel
It’s always a good idea to seek legal advice. Lawyers can guide HOAs and homeowners through the legal process of removing squatters and ensure everything is done legally.
Things Not to Do When You Have Squatters
There are several things homeowners and HOAs should avoid when dealing with squatters.
Cut Power. Cutting off electricity is illegal in most states. It can even lead to more legal issues for the homeowner.- Switch Off Utilities. Turning off water or gas to force a squatter out may sound like a good idea. However, it is also illegal and can backfire.
- Use Threatening, Abusive, or Intimidating Tactics. Threats or intimidation won’t solve the problem and can land the homeowner in legal trouble. Always remain calm and follow proper procedures.
- Use Violence or Force. Under no circumstances should violence or force be used to remove squatters. This can lead to criminal charges and make the situation worse.
The Proper Way to Handle Squatters
Squatters in HOA communities can be a tough issue to handle, but it’s crucial to address it properly. Homeowners and HOAs need to understand squatters rights and take the right legal steps to avoid bigger problems.
An HOA management company like Cedar Management Group can help communities address their squatter problems. Call us today at (877) 252-3327 or contact us online to request a free proposal!
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