Membership

Do your governing documents define what lot numbers and/or addresses are within the parameters of the Homeowners Association? For example, our documents define the subdivision plats (we have 9 plat sections), which are recorded in the county deed room. The plat lists the number of all the lots. From that you can check with the county property value administrator for the actual addresses. Actually, it is not as complicated as it seems.

If you retrieve a copy of the subdivision plat, it will show a map of all the lots and you can see for sure which addresses are part of the association and which are not.

Now, having determined if the lot in question IS listed as a valid address for the HOA, then the resident does not have the luxury of "opting out."

Do you assess annual association dues? If so, the resident cannot opt out of those, nor can he/she opt out of following and deed restrictions that may apply.

The membership/CC&Rs generally run with the land and membership can only be severed when the resident is no longer owner of the property within the association's legally defined limits.

We have 2 homes that APPEAR to be within our subdivision. BUT they were actually part of a single lot JUST outside of our legally defined limits. The owner divided the lot (it was a large one) and sold both to a builder who placed new homes on them. We constantly get residents calling to complain about one thing or another the resident is doing that is counter to our CC&Rs (bricking in his mailbox, building a detached garage, putting a porta-potty in his front yard-don't ask-we have NO idea why it's there.)

We just have to educate our OWN residents as to the boundaries of our association, and the owner they complain about is NOT within it.

If the Lot is recorded within the HOA, its a part of the HOA and cannot be separated.