Question:
Can a property owner claim to be exempt from HOA dues if the property is within the HOA’s boundaries and benefits from HOA restrictions – if the property was purchased or built before the HOA was established ?
– Bo
Answer:
Hi Bo,
First, it is important to check if the property is truly part of the HOA. This will require you to look at the HOA’s governing documents, including the community plat. Since the property was built before the HOA was established, it is possible that it does not belong in the HOA. In that case, the owner is not required to pay dues. If the governing documents and real estate title indicate that the property is in the HOA, and that dues and membership are mandatory, then the owner must pay the dues or suffer the penalties outlined in the CC&Rs.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
