Homeowners association rents home it doesn’t own

Shannon Behnken, Tampa Tribune

Joanne McCarn owns her home, but her homeowners association has taken it over and calls the sheriff’s office if she comes near the property.

What’s more, the Bridgewater Community Association evicted her tenant, changed the locks and moved in its own renter.

“This is not a foreclosed house,” McCarn said. “This is still my house. It’s unfair how much power the HOA has. It’s so surreal to me.”

The association’s president and attorney aren’t talking. Public records detailing the steps they have taken show McCarn’s house is just one of six the association is seeking to rent out. That doesn’t count homes the association has taken in foreclosure and is now renting.

It’s a tricky legal path for a group that has gone to extreme measures before to recoup money it lost in the housing downturn. Last fall, the Bridgewater Community Association made headlines by charging hundreds of dollars in fees to people seeking to purchase houses in foreclosure.

“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.

Solomon works on behalf of associations nationwide to collect past-due fees from homeowners. He’s typically in favor of forcing delinquent homeowners to pay up.

But in this case, Solomon said, the Bridgewater association and its president, Mark Spector, went too far.

The association did persuade a judge to issue an eviction order for McCarn’s tenant and order a receiver appointed to manage the property.

Read more here

Write A Comment

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Ready to get started?

Speak to a specialist at (888) 737-6344