How HOA Can Get Rid of Section 8 Tenants

While a homeowners' association is designed to take care of the areas around the homes—tennis courts, sidewalks and pools, for example—sometimes it has to deal with problem tenants. If someone in your community is renting out to a Section 8 participant, there are ways to approach the problem with the homeowner and facilitate the removal of the Section 8 lessee from the premises.

A homeowner's association (HOA) is a group of people living in the same neighborhood who help keep it clean, safe and organized. One of the primary concerns of the HOA is the appearance and feeling of the neighborhood; most HOA rules are set up to both entice potential buyers and maintain a good standard of living for all homeowners. HOA guidelines are referred to in the buyer's agreement and come as a separate packet of papers.

Section 8 is a subsidized housing program funded by the Department of Housing and Urban Development, but managed by local housing authorities. Homeowners renting to Section 8 participants must have their house inspected and agree to certain rules. Section 8 recipients pay between 10 and 30 percent of their income to rent and the rest is covered by the program. It can be difficult to evict a Section 8 tenant once they have moved in, unless they are breaking the rules, like not reporting income or choosing a higher-priced property than they are qualified for. All Section 8 leases last for a minimum of a year.

HOA guidelines vary by community. Read your rules to determine whether a tenant can be kicked out. In some circumstances, homeowners are barred from placing a commercial property on their lot; by renting out the home, it can be argued that it has become a commercial establishment. This is not a legal HOA guideline in every state, though, so it may not work in some places. Other HOA guidelines include parking regulations, noise regulations and property maintenance regulations. While most HOA violation penalties are just fines, an HOA representative can discuss the violations with the homeowner and ask the owner to remove the tenant.

Section 8 tenants must pay rent in a timely manner. If rent is not being paid, the tenant can be evicted. If the tenant is not meeting the terms of the lease, she can be evicted. If the lease has ended, the homeowner can ask the tenant to move out. However, all evictions must take place through the homeowner. The HOA can issue fines and penalties to the homeowner for not complying with rules, but cannot legally evict a person from someone's home.