Getting out of a Homeowners Association (HOA) is not always easy, as HOAs are typically governed by a set of rules and agreements that homeowners voluntarily enter into when purchasing property within a certain community. However, there are a few possible options depending on the situation. Below are steps our lawyers at Brandy Austin Law Firm urge you to consider if you want to try to “get out” of an HOA:
1. Sell Your Property
The most straightforward option is to sell your home. When you buy a property in an HOA-governed community, you’re agreeing to follow the association’s rules, which are recorded in the governing documents (such as the Covenants, Conditions, and Restrictions—CC&Rs). If you no longer wish to be under the authority of an HOA, selling your home to someone else who is willing to accept those conditions might be your best option.
Considerations:
- Property Market: Depending on the market conditions, selling might not be immediate or easy.
- HOA Fees: Some buyers might be deterred by ongoing HOA fees or restrictions.
2. Request To Be Exempt (If Applicable)
In some rare cases, homeowners might be able to request an exemption from certain rules or even from HOA membership, particularly in older developments or for properties that have been in existence before an HOA was created.
Steps:
- Review CC&Rs: Examine your community’s governing documents to see if there are any clauses that would allow for an exemption or opt-out.
- Petition the HOA: If allowed, you could request an exemption or ask if the HOA rules can be amended to allow you to opt-out.
- Consult a Lawyer: You may want to speak with an attorney to understand if there’s any legal ground for requesting exemption from the HOA.
3. Move To A Non-HOA Community
If you’re looking to get away from an HOA and want to avoid the hassle of selling, another option is to move to a community that doesn’t have an HOA. This may involve renting for a time, or finding a property in a neighborhood or county that doesn’t have a homeowners association.
Considerations:
- Location and Cost: You may have to compromise on location, size, or cost when moving to a non-HOA community.
4. Challenge The HOA’s Authority (Rare And Difficult)
If you believe that the HOA is acting outside its legal authority or violating state laws, you might be able to challenge its authority. This is a difficult and lengthy process but could be an option if there are significant issues with how the HOA is being managed.
Steps:
- Review State and Local Laws: Research whether there are any state laws that limit the powers of an HOA.
- Consult an Attorney: A lawyer specializing in real estate or HOA law can help assess whether the HOA is overstepping its bounds and guide you through any legal challenges.
- Petition the HOA or the Community: In some cases, you may be able to organize a petition to change the governing documents or push for a vote among homeowners to dissolve the HOA.
5. Request To Dissolve The HOA (Difficult And Unlikely)
In certain situations, homeowners in an HOA may be able to petition for the dissolution of the HOA, but this is very difficult and often requires a significant majority of the homeowners to agree to the dissolution.
Steps:
- Review the Governing Documents: The CC&Rs should detail the process for dissolving or amending the HOA. Usually, this requires a supermajority vote (e.g., 2/3 or 3/4 of homeowners).
- Gather Support: Start by talking to your neighbors and gathering support for dissolving the HOA.
- Legal Process: You’ll likely need to go through legal processes, including filing with the court or getting local government approval to dissolve the HOA.
Considerations: This is often an uphill battle, as homeowners might be divided, and the HOA may not want to dissolve due to its management of shared amenities and services.
6. Move To A “Non-Association” Property (If Applicable)
Another option is to look for homes that are legally considered “non-association” properties. In some places, properties might be in neighborhoods that have no formal HOA, but still have neighborhood restrictions or zoning laws in place. You might still face local ordinances, but you wouldn’t be subject to the additional oversight of an HOA.
7. Refuse To Pay HOA Fees (Not Recommended)
This is a highly risky strategy and should generally be avoided unless you are willing to face legal consequences. If you stop paying your HOA dues, the HOA can place a lien on your property and potentially foreclose on your home.
Risks:
- The HOA has the legal right to impose liens, foreclosures, and other penalties for nonpayment.
- You could damage your credit and create legal complications.
Only Consider This Option if you believe you have valid legal grounds to refuse payment and are prepared for a lengthy legal fight.
8. Negotiate With The HOA
If the problem is with certain rules or assessments, you might be able to negotiate directly with the HOA to change the conditions that are bothering you. This could involve:
- Appealing to the Board: Ask the HOA board for a variance, or make a request for rule changes that might give you more flexibility.
- Community Involvement: Rally other homeowners who share your concerns and bring them to a board meeting to help influence decisions.
There is no easy or guaranteed way to completely “get out” of an HOA once you’re part of one, especially because these associations are legally binding entities that govern many residential communities. Your options will depend on the specific rules in your community, whether your HOA has any flexibility for exemptions or changes, and whether the HOA is willing to negotiate.
If you’re serious about leaving an HOA, it’s highly advisable to seek the advice of an attorney to fully understand your legal rights and the best course of action. Keep in mind that moving out or petitioning for a rule change are typically your most viable options. Reach out and speak to our Arlington, TX flat fee contract review lawyer to chat about next steps.
