Can I Be Forced to Join A Homeowners Association?

Have you heard some homeowners association horror story and ever wondered: can I be forced to join a homeowners association? In general, if you buy a property within a community governed by a homeowners association (HOA), you are automatically subject to the HOA's rules and regulations. However, there are nuances to this, so let's break it down.

When You Can Be Forced to Join an HOA

1. Buying Property in an Existing HOA Community:

   • Deed Restrictions: When you purchase a home in a community with an existing HOA, you typically agree to abide by the HOA's rules as a condition of buying the property. This agreement is often part of the deed restrictions, which are legally binding and recorded with the property.

   • Mandatory Membership: Most HOAs have mandatory membership, meaning all property owners within the community are automatically members and must pay dues and follow the HOA's rules.

2. New Developments:

   • Developer Mandates: In new housing developments, developers often establish an HOA as part of the community's formation. When you buy a property in such a development, you agree to the HOA's terms as part of the purchase agreement.

When You Cannot Be Forced to Join an HOA

1. Existing Homes Outside an HOA:

   • Voluntary HOAs: If you buy a property in a neighborhood without an HOA or in one with a voluntary HOA, you are not required to join or follow the HOA's rules unless you choose to become a member.

   • Retroactive HOA Creation: If a community without an HOA decides to form one, existing homeowners cannot be forced to join unless they agree to it. Typically, creating a new HOA requires a significant majority vote among homeowners, and those who do not wish to join are not bound by its rules or fees.

2. Opt-Out Provisions:

   • Certain Circumstances: In rare cases, there may be legal provisions or specific circumstances that allow homeowners to opt out of an existing HOA, but these are uncommon and depend on state and local laws.

Legal Recourse and Considerations

• Review Documents: Before purchasing a property, review all HOA documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. These documents outline your obligations and rights as a member of the HOA.

• Consult a Lawyer: If you have concerns about being forced to join an HOA or about the terms of HOA membership, consult with a real estate attorney. They can provide guidance specific to your situation and jurisdiction.

• Understand Your Rights: Know your rights under state and local laws. Some states have specific protections for homeowners regarding HOA practices and governance.

In summary, while you cannot generally be forced to join an HOA if you are purchasing a property in a community where an HOA already exists or is a requirement for new developments, you will likely have to join. However, if you're buying in an area without an existing HOA or one with a voluntary HOA, you typically cannot be compelled to join. Always review legal documents and seek legal advice if needed to fully understand your obligations.

Published 7/30/24

HOA Basics

HOA PROBLEMS

HOA REAL ESTATE

HOA BY STATE

HOA CRIMES AND COMEDY