The rules and requirements of a Homeowners Association (HOA) are typically established when a residential community is developed. If you move into a property or neighborhood that has an existing HOA, you usually become a member automatically upon purchasing the property. Being a member of the HOA typically comes with both benefits and obligations.
HOAs are governed by legal documents, such as Covenants, Conditions, and Restrictions (CC&R), which outline the rules and regulations that residents must follow. These rules often cover issues such as property maintenance, architectural guidelines, landscaping, and more. Additionally, HOAs collect dues or fees from members to maintain common areas, amenities, and cover other shared expenses.
If you disagree with the existence of the HOA or the rules it imposes, unfortunately, you generally cannot choose to opt-out of being a member. Membership is typically mandatory for all property owners within the community. The CC&Rs are typically recorded with the local government and are legally binding on all property owners within the HOA.
In some rare cases, there may be certain exemptions or specific situations where you might be able to avoid certain aspects of the HOA, but this would depend on the specific rules and regulations of your HOA and local laws. You should consult a real estate attorney to understand your rights and obligations more accurately.
If you are considering moving into a community with an HOA and have concerns about the rules and requirements, it's essential to thoroughly review the CC&R before making a purchasing decision. This way, you can understand the HOA's guidelines and determine if they align with your lifestyle and preferences.