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JayG2
(Tennessee)
Posts:6
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| 06/25/2008 11:51 AM |
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My home is in a HOA many homeowners seems to think that you can opt out of the associations, since this is a contract I would like to know if can you opt out. Our CCR and Bylaws are file with the state. I need help to find
out if you can not opt out can you opt in the association by refinancing your home. Thanks for helping.
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BrianB
(California)
Posts:1742
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| 06/25/2008 11:54 AM |
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You will need to look at your bylaws, CC&Rs, and the deeds. Are the property deeds restrictive? In general, they will state whether the HOA is mandatory or voluntary. Read them carefully, the answer is almost always in there.
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GlenL
(Ohio)
Posts:1377
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| 06/25/2008 3:11 PM |
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| Jay unless it is a voluntary association you can't opt out by refinancing or any other means that I am aware of except by disbanding the HOA. This sounds like one of those schemes brought to you by the same people who can legally prove you don't have to file or pay income taxes just send $99.00 to their P.O. Box. |
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DonnaS
(Tennessee)
Posts:2840
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| 06/25/2008 4:44 PM |
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Jay,
You must be new to living in a HOA. It isn't something that you can get rid of like a pair of holey socks. It's your to keep unless every single member want to disband it and that you can find a way to dispose of any common property owned by the association. If you are not liking something that is happening within the association, then work to change it. Associations can be so valuable in the protection of your property value.
I am new to Tennessee but I can see where the number of people who have recreation vehicles and toys here is huge. Your association probably keeps them from being parked in the driveways and on the lawns which makes your neighborhoods look great. I'll bet there aren't any washers and dryers sitting on the front porches either. |
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BrianB
(California)
Posts:1742
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| 06/25/2008 5:54 PM |
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just for arguements sake, we should remember that some HOAs are voluntary (they are rare, but they exist). The OP needs to read his materials, and the title/deed to his property, to find out which he is in.
i agree, it's most likely he is in a normal, mandatory HOA, but... remember what happens when we assume... |
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DJ1
(Ontario)
Posts:456
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| 06/25/2008 6:54 PM |
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| Brian is right about reading the documents. Start by making sure if anything is registered on your deed. Who knows, you could be lucky like we were and not have anything registered...then the rest is a mute point. I feel like I just won the lottery! hehehe |
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MaryN
(Virginia)
Posts:125
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| 06/26/2008 3:37 AM |
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Read those docs! For 30+years we were told that we live in a mandatory association..after a HOA attorney reviewed our docs..we are a civic association. The paperwork was never filed correctly and our deed does not mention membership. There was an effort to change the CCR's to make part of our sub division mandatory and the other part exempt..not even voluntary..we go to court in Sept..and now here from their attorney..there is a settlement offer in the works! We'll see...
MaryN |
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DJ1
(Ontario)
Posts:456
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| 06/26/2008 5:18 AM |
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VERY interesting Mary. We thought we might be a 1 in a Billion situation. It seems one of the first steps should always be to have your attorney look at whether the developer did the paperwork properly to institute a HOA AND register it against your individual lot (that is how it is done here). If not, the rest of the issues become mute.
Keep us posted on your September date. If you are correct, the HOA would be smart to do a confidential settlement with you so a court doesn't make a ruling which will then be applied to every other home in your HOA. |
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GlenL
(Ohio)
Posts:1377
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| 06/26/2008 10:02 AM |
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DJ this is something that never ceases to amaze me. Someone making what is potentially the biggest most expensive decision of their lives doing it without an attorney to protect their rights. If you've done it once or twice and understand the procedures and what to look out for it's one thing but when you have no basic understanding of the process? What's next do it yourself home dentistry or surgery? Might as well give yourself that home lobotomy as to sign all those papers without knowing what they mean.
Pay an attorney a few hundred bucks and s/he will explain your rights and responsibilities because they work for you and your best interests. But most people can't be bothered to pay an attorney for something the friendly real estate agent will do for free. Never mind the agent's only real concern is getting the paperwork signed so they can get their commission check (not all of them but most). And if you're only dealing with the sellers agent, their primary responsibility is to their client not you.
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EllenS1
(Florida)
Posts:353
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| 06/26/2008 6:36 PM |
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GlenL,
You are so right. It never ceases to amaze me. People just hate to pay for something they can't hold in their hands like real legal advice. Or even home inspections before they purchase a home. Oh well, live and learn. |
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DJ1
(Ontario)
Posts:456
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| 06/27/2008 4:58 AM |
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Glen, I'm not sure even an attorney helps sometimes. These days they seem to just get you title insurance (for a fee) and the checks and balances go out the door since it seems the title insurance is then used to clean up some messes.
We have always had lawyers, and the developer had lawyers, the title insurer has lawyers, the banks/mortgage company has lawyers...but our mess still happened. 
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