How to Deal With Your Homeowners Association
Many folks want to know if you can refuse to join a homeowners association or if a homeowners association can kick you out.
These questions are often asked because of an unpleasant experience with an HOA.
Knowing how to deal with a homeowners association is probably something most home buyers don’t think about before buying into an area with one.
However, those who have owned where an HOA exists often have researched whether they can refuse membership or be kicked out.
Sometimes in these situations, owners will try to be removed. Unfortunately, for some, neither case is possible.
Your only choice is to move or align with the other owners.
In the past 50 years, the growth of homeowners associations, or HOA for short, has been substantial.
Designed to maintain the restrictive covenants of a neighborhood – preserving its integrity and value – homeowners associations serve an essential role in many communities.
However, they can also cause severe headaches for homeowners in certain situations. Knowing how to deal with your homeowner’s association can help you avoid possible problems and get the most out of the organization.
Can You Refuse to Join a Homeowner’s Association?
Yes and No. You must join an HOA where one exists, and joining is mandatory.
There is a small percentage of homeowners associations that have voluntary participation. However, most HOAs are mandatory to join.
If you consider buying into a community with a voluntary HOA and decide not to join, you will not receive any benefits.
When you join a mandatory membership community, you must become part of the association, including paying dues and following the rules. You can’t refuse to participate in these neighborhoods, and membership rules become sacred.
Buying into a community with an established homeowners association will become a condition of your purchase. Assessments and dues will become payable once you’re the legal owner. You will not have the chance to opt out.
You will buy elsewhere if you don’t want to become a member.
Can a Homeowners Association Kick You Out?
If you are wondering if you’re bad enough, can you force your way out of the HOA? Sorry, you are out of luck. You cannot be kicked out of a homeowners association.
A homeowners association cannot kick you out like a landlord can with a tenant. Homeowners have more legal rights with their property because the HOA does not own it.
However, that doesn’t mean an owner can willfully avoid the HOA’s rules and regulations.
When a property owner does not abide by the rules, the HOA can fine them. When an owner does not pay the fines, they can put a lien on the property and eventually foreclose for lack of payment.
Doing so would legally force an owner out of the HOA. However, kicking an owner out of an HOA is not the goal. HOAs want their members to follow the rules and be good citizens.
These rules typically allow the association to fine a homeowner for violations. If the homeowner does not pay the fines, the association may have the authority to foreclose on the property, which could force the homeowner out.
When owners disagree with HOA decisions, they can appeal to the board or ask for a vote to change the existing rules.
Avoid Problems With an HOA by Being a Good Neighbor
The best way of dealing with an HOA is not to be a problem neighbor. Understanding all the rules upfront would be best to know whether you can live with them. Violations within a homeowners association are not uncommon.
Use these tips for dealing with a homeowners association to make your condo or home ownership experience more enjoyable and less stressful.
Understand The Homeowners Association Rules
Every homeowner’s association (HOA) has a set of covenants, rules, deeds, and bylaws to maintain, and it will often go to great lengths to do so – including charging fees and taking legal action.
This is why you must understand all the homeowners association rules that govern what you can and cannot do with your property. Some of them are not always obvious, either.
You probably expect limitations on the colors you can paint your house or the amount of yard art you can display in the front yard. Many homeowners associations will go further, though.
Some prohibit the type of vehicles you can park in your driveway, keeping trash cans in front of the house, and even parking your car with an inch of tire on the grass. Knowing all the rules can help you avoid breaking them and suffering the following fines.
Over the thirty-seven years while working as a Realtor, I have found that many buyers do not realize how different it can be going from going somewhere where you make all the decisions to a place where all the choices are a democracy.
This is especially true when buying a condo. Given how different things can be when comparing purchasing a condominium to a single family, it is essential to know what questions to ask beforehand so you won’t be disappointed later on.
This doesn’t just apply to the rules and regulations but also to the finances and legalities of being under the control of a homeowners association.
What Happens If You’re Accused of Violating HOA Rules, and You Haven’t?
The people who run the HOA are human like the rest of us, whether it is a condominium association or one for single-family housing. People can and do make mistakes.
Many homeowners associations outsource management tasks. Something may get lost in the shuffle, like your condominium dues. The fact that this can happen makes it vital to keep a copy of the check you used to pay your dues.
If your payment is lost and you are charged late fees, you will have records indicating the homeowners association was in error.
You should also keep copies of any forms sent to the homeowner’s association and any communication received from the association in case issues arise later.
If you are issued violations, document your efforts to fix the breaches through photographs and detailed record keeping.
Get What You Pay For With Your HOA
Some homeowners get so caught up in worrying about breaking the rules that they forget why the homeowners association exists in the first place. The organization is maintained by collecting dues you pay to keep your neighborhood in good working order.
This requires making decisions and providing upkeep on the communal property – parks, pools, sidewalks, etc.- ensuring all residents pay their dues and obey the rules.
Take a look around your neighborhood and make your observations. Are things in good working order? Do they look good, and are they appealing to potential home buyers? Expect good work from your homeowner’s association and demand more when needed.
This may require getting together with your neighbors and becoming more involved, but you should get what you pay for when it comes to your homeowner’s association. You’ll pay more money in the long run when things are let go.
The possibility will increase dramatically that your HOA will be forced to issue a special assessment to all the owners.
Get to Know Your Neighbors
Another excellent tip for dealing with a homeowners association is to band with your neighbors. For many people, it can be challenging to break the ice with strangers – even when they live next door.
If you want to enjoy the best experience in your neighborhood, though, getting to know your neighbors is essential.
Not only will you have more opportunities for conversation, but you will also have more leverage when you need to address a concern with your homeowner’s association.
Like any established organization, your homeowner’s association may be challenging to influence initially – especially if you stand alone in your beliefs. The more voices you can bring to your cause, the more likely the HOA will listen.
In the worst-case scenario, you can even come together to hire a real estate attorney to take necessary legal action.
Knowing your neighbors on a personal level also gives you another advantage. Sometimes, even knowing your neighborhood’s bylaws, you might accidentally violate a rule.
If you are a stranger to others, they may go straight to the HOA to report your violation, leaving you vulnerable to fines or other punishments.
If you are a well-known neighbor, though, they are just as likely to speak to you first so you can rectify the situation before the homeowners association becomes aware.
Get Involved With The Homeowners Association
The best way to exercise your rights and maintain control over your homeowner’s association is to get involved with the organization. Regularly attending meetings where members are allowed is the best way to do this.
You will stay aware of what the homeowners association is planning and how it will affect you. By attending, you’ll also better understand the type of people making these decisions and how they do their work.
You will quickly realize that with some homeowners associations, folks join the board because they have nothing better to do. Their lives become entwined with shaping the rules exactly how they want them.
It can happen more frequently in retirement communities where more people have time.
On the other hand, you may find the way some of these people think does not match your own. This is when you may see the need to make sure you have a voice before your neighborhood feels like a dictatorship is running it.
Another way to get involved is to become a member of the board. One of the better tips for dealing with a homeowners association is to follow the favorite saying, “if you can’t beat them, join them.”
This involves more work but uniquely positions you to impact the decision-making process directly. Whether you want the HOA to invest in a new park or you think it has no business spending the money in a certain way, you can say so.
Pay Your Homeowners Association Dues Promptly
This may seem self-explanatory, but paying your dues on time will make dealing with your homeowner’s association much easier.
It will also keep you in good standing, so if you ever have to argue with the association, you have a better chance of being taken seriously.
You are part of a community that all contribute and must do the same. Even though a homeowners association cannot kick you out, you don’t want them feeling hatred towards you.
There are plenty of reasons to keep you paying your dues, not the least of which is that your homeowner’s association can put a lien against your property and foreclose on your home.
This is the only legal way the HOA could kick you out of the neighborhood.
There are real horror stories of homeowners that failed to pay dues on their homes and were subsequently kicked out by the homeowners association.
Like any foreclosure, the HOA can sell your home for a fraction of its worth.
Sometimes dues may increase for no apparent reason or for reasons you disagree with. While you and your neighbors may want to question the board’s decisions, you should still pay your dues.
Failing to do so puts you in a precarious position that is best avoided. This includes paying any fines you are assessed.
The homeowners association has a fair amount of power and can cause grief if you fail to pay your fair share. f things get out of hand, remember that you and your neighbors can change things by voting in new board members or legal action.
The Last Straw – Taking Legal Action Against The HOA
Living under the umbrella of a homeowners association, you may find yourself in a situation where you feel your rights as a homeowner are being violated. Maybe new board members have been elected to the condo association, and they have become entirely unruly.
You can’t even stand the thought of coming home from work because you may have to lay your eyes on one of these people. This is when you may find it time to take legal action against the homeowners association.
Generally speaking, when it comes to the law, if the restriction is reasonable and has a rational relationship to the association’s interests in protecting the property and owners, then it will likely be enforceable.
If not, you must speak with a competent attorney who understands the case law surrounding these HOA issues.
Hopefully, you have found this advice helpful for dealing with a homeowners association!
Final Thoughts on Dealing With an HOA
Some HOAs are excellent to work with, and others are not. The bottom line is you cannot refuse to join or be kicked out of one. Your goal should be to rectify any problems you have and move forward.
If that is not possible, you should consider moving to somewhere not governed by an HOA.
About the Author: The above Real Estate information on whether you can refuse to join a homeowners association or be kicked out of one is provided by Bill Gassett, a Nationally recognized leader in his field. Bill has expertise in mortgages, financing, moving, home improvement, and general real estate.
Learn more about Bill Gassett and the publications he has been featured in. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-625-0191. Bill has helped people move in and out of Metrowest towns for the last 37+ years.
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