[lily]

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I live in Louisiana, and our community had no HOA when I bought my house. However, some of my neighbors have recently shown interest in creating an HOA. They’ve started drafting bylaws to share with community members and are planning a community meeting at the end of February. Is unanimous agreement among all community members required to establish a new HOA? Apart from voting against it, are there any other steps I can take to prevent its formation? Thank you for all of your suggestions.

[profdan_h]

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Hi Lily,

If there was no prior HOA and your neighbors are just creating one now, you are not obligated to join. Membership is not mandatory. You can simply refuse to become a part of the HOA.

Hope this helps.

[lily]

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Hi profdan_h,
Thanks so much. That’s helpful. I won’t join the HOA.

[TheWarrant]

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Make sure there is a list of homes in the new HOA formation documentation that lists which homes are ‘grandfathered’ to NOT be a member of the HOA. I would also go as far to ensure that anyone that wants to buy your home be allowed not to join the HOA (perpetuity statement), OR you may find that the new HOA will grandfather current owners, but any ‘new’ owners will be required to join the HOA. Your HOA formation people will need a real estate attorney to stay out of trouble with your State’s corporation and HOA rules/regulations. Make sure the new HOA folks communicate with you in WRITING.

[Author]

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