How to Prevent Squatters from Taking Over Your HOA
Foreclosed homes are nothing new to homeowners associations but can become a real problem when squatters get involved. Read on to learn how to prevent squatters and how to remove them legally.
Squatters are everywhere. Between foreclosures brought on by unpaid mortgages and those initiated by homeowners associations for delinquent dues, squatting in foreclosed homes has become quite the phenomenon.
If your HOA has a few abandoned homes in your neighborhood, it’s worth taking action to prevent squatters from occupying them. Putting up “no trespassing” signs is a step in the right direction, but a more effective way is to ensure the property remains secure from the outside. This way, squatters can’t gain entry into the foreclosed property.
If you live in a gated community, you might benefit from increased security controls. While this can prevent outsiders from potentially squatting in your HOA, it may not work against those who refuse to leave their foreclosed property.
Preventing squatters is one thing, but removing them is another thing entirely. Once you already have squatters in your HOA community, it can get complicated quickly.
You might ask, “Can you change locks on squatters?” While that may seem easy, HOAs usually don’t have the authority. Homeowners associations generally have limited rights when it comes to dealing with squatters. When a home is in foreclosure, the banks own it. Therefore, they can change the locks and secure the property.
Squatters Vs. Trespassers
Before learning how to get rid of squatters next door, you must understand the difference between squatting and trespassing. Squatting is occupying a vacant property to live in it. It usually involves bringing personal belongings to make the place their own. In contrast, trespassing is breaking into private property, usually a property with tenants, with no intention of living in it.
Can police remove squatters? Trespassing is a crime, so the police can help you remove the trespasser from the premises. If the act resembles trespassing more than squatting, then you can call the police. If the person is squatting, though, the police may direct you to other means of resolving the matter since it’s more of a civil case than a criminal matter.
Do Squatters Have Rights?
When people discuss squatters’ rights, they usually talk about adverse possession. Adverse possession refers to the principle wherein a person can come to own property after extended occupancy and use it legally.
To qualify for adverse possession, squatters must usually live on the property for a minimum of years. They must also use the property as if they were the owner, such as paying and maintaining property taxes and utilities. Not all states allow adverse possession; the judging criteria depend on the jurisdiction.
Why do squatters have rights? At first glance, squatters are, in essence, stealing property through adverse possession. But, this concept does serve a purpose — to prevent properties from going to waste due to owner abandonment or neglect. You should know, though, that adverse possession is extremely rare.
How to Not Remove Squatters in Your HOA
Beyond learning the proper way to get rid of squatters, you must also know how to remove squatters incorrectly. By knowing what you can’t do, you can protect your HOA from potential liability.
These are actions that you absolutely can’t do in an attempt to remove squatters living in foreclosed homes:
Cut power to the property;
Turn off utilities for the property;
Threaten, intimidate, or abuse the squatter/s in any way, shape, or form; and,
Use violence against the squatter/s.
All of these options are illegal and can land you and the association in trouble with the law. Tempting as it might be, you must remain calm and approach the situation with a level head.
How to Get Rid of Squatters in Foreclosed Homes in Your HOA
Homeowners associations are somewhat powerless when it comes to squatting. Here’s how to get rid of squatters in your neighborhood legally:
1. Notify the Owner
While the HOA has little authority over squatters, you can notify the property owner of the issue. If the property is in foreclosure, let the banks know. Let them know that intruders have shacked up in their homes.
In some cases, after a new owner has purchased the foreclosed home, the former owner will remain in the house and refuse to leave. When this happens, the new owner can send a notice to quit to the former owner. That might work, but the new owner may also need to serve the former owner with a Summons and Complaint for Unlawful Detainer, depending on state law.
2. Amend Your HOA Governing Documents
Condo associations, in particular, are generally afforded more options. Florida, for example, allows condo associations to enter units in the event of an emergency. Therefore, under Florida law, condo associations can change the locks to prevent squatters.
If your governing documents don’t allow it, consider amending them to let your association secure abandoned homes in the neighborhood. It would help if you also ensured that state laws allow you to do this.
As for homeowners associations, state laws and governing documents don’t usually give them the right to evict squatters living in foreclosed homes. But you can amend your governing documents to grant the HOA that right. There’s just no guarantee that courts will find it enforceable.
3. Pay Squatters to Leave
Paying squatters doesn’t apply to homeowners associations per se. But, it does apply to property owners with squatting problems.
Evicting someone can take time and money. Property owners must initiate eviction procedures if the squatter still refuses to leave even after getting paid. Property owners might be able to skip the eviction process and remove squatters from the premises using a “cash for keys” setup, which means paying the squatter to leave the property.
4. Talk to an Attorney About the HOA Squatter
If your HOA encounters a squatter problem in your community, it’s best to seek legal counsel from an experienced attorney. Consulting your HOA attorney about what you can do is the safest way to make sure you don’t put the association at risk of liability.
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Squatters are never pleasant to deal with, but they exist and might even be living within your HOA community. By far, the best way to handle them is by learning how to prevent squatters from occupying abandoned or foreclosed homes in the first place. But, if you already have squatters in your neighborhood, this article has helped you understand how to remove them.
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