Question:
My wife and I are looking at purchasing a home that is part of an HoA. The unit stands alone from the rest of the other buildings and during the HoA creation the owner of the home sold the land and “joined” the HoA but does not pay dues or receive any maintenance from the association. My question is are there ways to have a single unit removed? Our thoughts are this seems to be an agreement from the original owner but if I am not paying dues nor receiving services do I have to honor that agreement?
– Drew
Answer:
Hi Drew,
Kindly check your real estate title and the HOA’s community map/plat to see whether the unit is legally a part of the HOA. If it is not, then there’s no need to opt out of membership. You may also talk to the HOA manager, HOA board, and the property seller to understand what the actual arrangements are. If the terms are unclear, you may need to involve an attorney.
If the unit is a part of the HOA, you may also check the HOA’s governing documents to see whether they have a de-annexation clause in the CC&Rs.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
