Can you refuse to join a homeowners association? Although HOAs offer numerous benefits, living in this type of community isn’t for everyone. Some homeowners find it challenging to comply with HOA rules, while others dislike paying a regular fee. This leads many to question whether it is possible to refuse membership to an HOA.
Can You Refuse to Join a Homeowners Association?
Before answering this question, it is first important to understand what an HOA is.
As its name suggests, a homeowners association (HOA) is an organization consisting of homeowners that is responsible for maintaining the community. This involves tasks such as common area maintenance, dues collection, enforcing rules, resolving disputes, and other related responsibilities.
Now, for the million-dollar question: Can you refuse to join a homeowners association? It depends on whether membership is mandatory. Some HOAs allow owners to opt in or out of membership, while others have automatic membership upon the purchase of a home.
Are HOAs Legal?
Yes, homeowners associations are legal. In fact, according to the Foundation for Community Association Research, there are roughly 370,000 homeowners associations in the United States. The authority of HOAs stems from both state laws and their governing documents.
Understanding Mandatory and Voluntary HOAs
In terms of membership, there are two types of associations: mandatory and voluntary.
- Mandatory HOAs come with automatic membership. This means that owners who buy a home within the HOA community automatically become members of the association. Here, membership is required and built into the property deed or the governing documents.
- Voluntary HOAs, on the other hand, allow owners to choose to join the association or not. If they join the HOA, they gain access to the numerous amenities and services the association offers. Conversely, if they refuse to join the HOA, they don’t receive the same perks.
It is worth noting that most homeowners associations offer mandatory membership. Potential buyers should check the association’s governing documents or ask their seller for information before signing the contract.
Can You Refuse to Join an HOA That’s Newly Formed?
Most of the time, an HOA is formed right from the start, with builders establishing the association upon development of the subdivision or community. With these types of HOAs, membership is typically mandatory.
At other times, a group of homeowners will band together to form an HOA where one previously did not exist. In this case, a homeowner can decline to join, relieving them of any obligations towards the HOA once it is formed.
Why Join an HOA?
There are a lot of misconceptions about homeowners associations today. Some people don’t want to join one because HOAs have rules and collect fees. Yet, both of these requirements fulfill essential roles within the community.
Rules serve as a way to maintain harmony and order. They help maintain community aesthetics, improve quality of life, and preserve property values. Meanwhile, HOA fees cover the cost of maintaining, managing, and operating a community. These fees cover the costs of upkeep, improvements, and services.
Homeowners associations are very popular, and for many reasons. These include, but are not limited to:
1. Amenities
Homeowners associations offer amenities such as pools, clubhouses, and fitness centers. Larger communities even have golf courses, tennis courts, parks, walking trails, and playgrounds. With amenities, residents can enjoy plenty of activities without having to leave the neighborhood.
2. Services
Many HOAs offer convenient services such as trash collection, snow removal, and landscaping. Gated communities also have added security measures. These include controlled entrances, CCTVs, and security personnel.
3. Social Events
Homeowners associations are known for planning social gatherings that help neighbors get to know each other. From summer pool parties and holiday bashes to cookouts and game nights, there are plenty of ways for residents to socialize. That’s why HOAs have a higher sense of community than other neighborhoods.
4. Appearance
Many HOAs have architectural standards to make sure that properties look uniform and consistent. This helps maintain high curb appeal and property values.
5. Maintenance
Ever walk around a neighborhood littered with trash or lined with dimly lit streets? With an HOA, these aren’t a problem. Associations are responsible for maintaining common areas, ensuring all shared spaces look and function properly.
6. Property Values
All of these things have a direct impact on property values. Convenient amenities and services, a consistent appearance, well-maintained spaces, and properly enforced rules all contribute to a more attractive neighborhood. That equates to more interested buyers and higher property values.
The Importance of HOA Disclosure Documents
Can you refuse to join a homeowners association? If the buyer has yet to sign the purchase agreement, then yes, they can back out of the sale and avoid joining the HOA. This is why it’s important to read through the disclosures before closing the deal.
Buyers should do their research thoroughly. When looking for a home, one of the first things to check is whether there is an HOA attached to the property.
Don’t be afraid to ask questions. Some listings won’t advertise the existence of an HOA, so buyers should find out by asking the seller or their real estate agent.
The disclosure documents should also inform buyers whether the home is part of a homeowners association (HOA). Even if association living is of no issue, reading the disclosures will help buyers make a more informed decision. These documents can signal the financial condition and long-term stability of the association.
Buyers should look out for the HOA review period. Also known as the contingency period, this is the timeframe a buyer has to review the HOA’s documents and potentially back out of the home sale.
How to Leave an HOA
Once an owner has become a member of a mandatory HOA, there is no way to leave unless they sell the home and move out of the community. Even if they put their house up for rent, they will still have to pay fees and ensure their tenant follows the rules.
Can You Refuse to Join a Homeowners Association? Answered!
In summary, a homeowner can refuse to join an HOA if membership is voluntary. Mandatory HOAs come with automatic and required membership upon purchase of the home. Homeowners associations might have a bad reputation, but they do offer plenty of benefits. If HOA living doesn’t suit the buyer, it’s important to review the disclosure documents thoroughly.
National Realty Partners is a leading provider of HOA management services in Virginia. We help communities thrive. Call us today at 703-435-3800 or request a proposal online to get started!
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