If you’re in the process of buying a home, you might encounter properties governed by a Homeowners Association (HOA). Before diving into such a purchase, it’s essential to understand the implications of being part of an HOA, as membership typically isn’t optional. This article explores how HOAs function and whether there’s any way to avoid joining one if you’d prefer more autonomy over your property.
How Homeowners Associations Work
HOAs are like mini-governments that oversee specific neighborhoods or communities, establishing and enforcing rules through a set of covenants, conditions, and restrictions (CC&Rs). These CC&Rs, created by the HOA, dictate everything from landscaping standards to home appearance. As a resident, you’ll have to follow these rules, which are enforced by a board of elected members from the community. Additionally, the HOA often provides amenities such as pools, parks, and security, funded through mandatory membership dues.
According to Eileen Lacerte, owner and broker at Better Homes and Gardens Real Estate Island Lifestyle, homeowners can actively participate in the governance of their HOA. “Homeowners have the right to attend and speak at HOA meetings, vote on HOA matters, access HOA documents, and ensure the HOA is acting in accordance with its governing documents and local laws,” she explains. This involvement offers some degree of control over how the community is managed.
However, there’s a catch: you likely cannot refuse to join if the property you’re buying is already under an HOA’s jurisdiction.
Is HOA Membership Optional?
If you’re hoping to avoid the restrictions of an HOA, living in an area without one is your best option. According to real estate experts, when you purchase a home in a neighborhood with an HOA, membership is typically mandatory. Chris Gooch, an attorney with Fennemore, points out, “If you purchase a home or condo that is subject to recorded CC&Rs, then you have effectively agreed to be subject to those rules and governance by the HOA.” Simply put, buying property in such a neighborhood means agreeing to the HOA’s terms.
Ignoring HOA rules or refusing to pay dues can have serious consequences. Homeowners who fail to comply may be fined, and if those fines accumulate, the HOA may take legal action. “This can result in a judgment being recorded against the homeowner’s property and could eventually lead to foreclosure by the HOA,” warns Gooch. In short, once you buy into an HOA community, you are bound by its rules and requirements.
The Pros and Cons of HOA Communities
Living in a community with an HOA can have its advantages. The primary benefit, as Mark Buskuhl, founder and CEO of Ninebird Properties, explains, is that “HOA rules help maintain property values and uphold certain standards of quality of life.” HOAs often ensure that common areas are well-maintained, and shared resources like community pools and gyms may be available at a lower cost due to pooled dues.
On the flip side, these rules can feel restrictive to homeowners who prefer more freedom with how they manage their property. Simple personal choices—such as the color of your home or the type of fence you install—may be subject to approval from the HOA. “While some may consider these restrictions helpful in maintaining community standards, they can also be overly restrictive for some homeowners,” adds Buskuhl.
Are There Exceptions to Joining an HOA?
In rare cases, you might be able to avoid mandatory membership. For example, if an HOA is formed after you purchase your home, you wouldn’t be required to join, though this situation is uncommon. In certain neighborhoods, HOAs might also offer voluntary membership, but opting out often means giving up access to amenities and services like community pools or private security. However, voluntarily choosing not to join an HOA is the exception rather than the rule.
As Shaun Pappas, a partner at Starr Associates LLC, notes, it’s crucial to review the community’s CC&Rs before committing to a purchase. “It’s very important to consult a real estate attorney to understand your rights as a buyer under an HOA,” he advises. Before closing on a home, both your real estate agent and attorney should walk you through the HOA’s governing documents to ensure you understand the rules and financial obligations.
Final Thoughts
If you’re purchasing a home in a neighborhood with an HOA, it’s essential to recognize that membership is likely mandatory, and you’ll need to adhere to the association’s rules. While HOAs provide benefits such as maintaining property values and offering shared amenities, they can also impose restrictions that may not suit every homeowner’s preferences.
Understanding your rights and reviewing all HOA documents carefully is key before making a purchase. While exceptions exist, they are rare, and most homeowners will find that joining the HOA is part of the package when buying in certain communities.
Source: Can You Refuse to Join a Homeowners Association? By Kristine Gill
