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Dutchess_III's avatar

Do you still have to follow HOA guidelines?

Asked by Dutchess_III (44649points) 1 month ago

If you buy a house in a neighborhood that does not have a HOA, then a few years later an HOA is initiated, do you have to follow HOA guidelines?

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14 Answers

Zaku's avatar

I don’t see how they could make you, if you never sign the contract, but good question. I don’t know how that usually goes down when a HOA gets set up.

elbanditoroso's avatar

I don’t see how they can force you to join, ex-post facto. They can make it apply to future buyers, but not current owners.

As the document says, there is no contract between you and the HOA. Further, your mortgagee would have to agree on this, because most HOAs can place liens on your property for one reason or another.

They can threaten and cajole you, but if you have a mortgage now, they can’t make you join in the future.

JLoon's avatar

In your situation no – jca2 is right on target. Info in her link looks a summary of some general rules on contract law found in the Uniform Commercial Code, and it’s a valid guide for most home owner associations.

But some states have passed their own special legislation to deal with HOAs, and depending on where you live those laws will control exactly how these organizations operate.

Look for your state’s HOA laws here:
https://www.caionline.org/Advocacy/Priorities/UniformActs/Pages/default.aspx

Good luck.

SnipSnip's avatar

The community would vote on incorporation so, yes, the result will affect all homeowners in the specific community. My community was built to be townhouse ownership. Several years later it was suggested that the community become condominium ownership and all houses were subject. There was a democratic process. It happened before I bought here.

jca2's avatar

@SnipSnip: In the question, it specifies if the house was bought before the HOA came in.

Dutchess_III's avatar

Cracking up thinking of this dinky, rag tag neighborhood being part of an HOA!

SnipSnip's avatar

@jca2 Everyone who lives here abides by the docs and is subject to all of the rules, regulations, assessments. Half of the folks bought here after I did.

Dutchess_III's avatar

I don’t think you got the gist of the question @SnipSnip. In the scenario I presented, the house was bought before the HOA was formed.

jca2's avatar

@SnipSnip: What @Dutchess_III said. The question is, if you owned the house and then the HOA came in afterwards, do you legally have to follow the HOA rules? In the example you gave, about your own house, you bought the house when the HOA was already in place. The way the question is worded is clear.

SnipSnip's avatar

I got it. My answer is about my house where we are now a condominium but haven’t always been. Everyone abides by the same rules and pays the sames assessments and fines. Period. The answer is always in the documents.

jca2's avatar

@SnipSnip: In the link I provided, this is what it said:

If You Have Purchased Your House Before the HOA was Formed
If you have already purchased your house before the HOA was formed, you can refuse to join the HOA because you did not and have not signed any document consenting to the association. And since no one should be forced to sign a contract, you can choose to sign the contract and join or refuse to join.

However, it is important to note that this method of refusal can be very tricky. If you must use this means to refuse to join the newly formed HOA in your area, you must ensure you did not sign any paper stipulating that the community can have HOA in the future.

If when purchasing your house, you signed a document that makes the availability of HOA in the future for the community. You have already given your consent and must join because the paper you signed states that the community can have HOA in the future.

If you are sure that the papers you signed do not have the term “HOA” on them, you’re good to go.

SnipSnip's avatar

Again, ” The answer is always in the documents..”

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