how to evict condo owner tenant

[tonyjaek]

What is the name of your state (only U.S. law)? california
i'm a board member and living in a 24 unit gated condo. i have a owner leased a unit to a section 8 family. since two years ago this tenant has broken all
the rules and regulations. they have been nothing but a headache for the rest of the owners and tenants. they have accumulated over thousand dollars of fines. my question is how could condo board force the owners to evict the tenant. what is the procedure should i take. the board is taking legal action towards the owner to collect fines. fyi. the board, owner, and the tenant meet to address this issue but its not working.
thank you.What is the name of your state (only U.S. law)?

 

[FarmerJ]

All you can do is enforce collection efforts against the units current owner using your boards atty, See so far you have not failed to put a serious dent in the units owners wallet. That should do the trick.

 

[HUD-1]

Also, I would leave the "section 8" reference out of the equation as you do not want to face a discrimination complaint based on source of income. Document all the violations and take action to collect from the owner, the same as you would do for any other unit owner/renter that violates policies.

 

[DeenaCA]

since two years ago this tenant has broken all
the rules and regulations. they have been nothing but a headache for the rest of the owners and tenants.

It would seem that the HOA has issues with the behavior of the tenants, rather than the fact that they're assisted by the housing choice voucher program ("section 8").

Both the tenant family and the landlord have obligations to the local housing authority under the program rules. The family risks termination of assistance for "serious or repeated" violations of the lease. In this situation, the HOA is not a party to the lease and does not have authority to enforce it. However, the owner is responsible for enforcing the lease terms, and the housing authority can terminate its contract with the owner if he/she is not doing so.

The HOA should consider reporting the landlord to the housing authority (or threatening to report him/her) for failure to meet his/her program obligations. Housing authorities routinely deal with noncompliant landlords who collect the rental subsidy payments while permitting tenants to engage in criminal activity or other activities which threaten the peaceful enjoyment of other residents or neighbors. If the HOA notifies the housing authority of the situation, with documentation, the result at minimum should be a notice to the owner threatening to terminate the subsidy payments.

All of that having been said, some housing authorities do a better job at enforcement than others. Also, if the violations are seen as relatively minor, no action may be taken.

The regulations governing the voucher program are at 24 Code of Federal Regulations Part 982 (Electronic Code of Federal Regulations:). The regulations that could apply here are at 982.306, 982.453 and 982.551.

 

[HomeGuru]

All you can do is enforce collection efforts against the units current owner using your boards atty, See so far you have not failed to put a serious dent in the units owners wallet. That should do the trick.

**A: the HOA can move to evict if the owner does not take any action.