Can you refuse to join a homeowners association? Many potential homebuyers—and even existing homeowners—ask this question. The answer is somewhat straightforward, but there are also layers to it.
Can You Refuse to Join a Homeowners Association?
First, it’s important to define a homeowners association (HOA). In simple terms, an HOA is an organization responsible for maintaining and operating a community. This association enforces rules, collects dues, and oversees the upkeep of common areas.
Not all homeowners want to be limited by HOA rules or pay regular dues. This leads to the question, “Can you refuse to join an HOA?”
The answer depends on whether or not an HOA is voluntary or mandatory. To put it briefly, membership in mandatory HOAs is automatic and required, while membership in voluntary HOAs is optional.
Are Homeowners Associations Legal?
Given how much authority an HOA has over its members, some people challenge the validity and legality of these organizations. Are HOAs legal?
In a word, yes. A homeowners association’s legality relies on its governing documents, particularly the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), which are drafted upon the creation of an HOA. This document is publicly recorded and legally binding.
Mandatory HOAs vs Voluntary HOAs
Homeowners associations generally take two forms: mandatory and voluntary. Let’s examine each below.
Mandatory HOAs
Is membership in a homeowners association mandatory? If it is a mandatory HOA, then membership is automatic and compulsory. There is simply no way to buy a property that belongs in an HOA community without having to join the HOA itself.
When homeowners become members of an HOA, they are obligated to pay regular fees and follow the community’s rules, among other things. They also gain access to amenities and facilities. Membership is essentially part of the agreement upon purchase.
Voluntary HOAs
Do you have to join an HOA? If the HOA is voluntary, then membership is optional. This means buyers have a choice to join the association or not.
Homeowners must fulfill membership obligations if they agree to join the HOA. This includes paying dues and following the rules. On the other hand, if a homeowner refuses to join the HOA, they won’t have to pay dues or follow the rules, but they also won’t have access to the HOA’s amenities and common areas.
Benefits of Joining an HOA
Since membership in an HOA comes with obligations, some might wonder why anyone would want to join one in the first place. There are several benefits to HOA living.
- Well-Maintained Common Areas. HOAs take care of landscaping, sidewalks, lighting, and shared amenities. This upkeep helps keep the neighborhood clean, attractive, and functional.
- Stable Property Values. By enforcing community rules and appearance standards, HOAs help ensure homes remain visually appealing and well-maintained. This preserves or even increases property values over time.
- Access to Amenities. Many HOAs provide amenities like pools, fitness centers, parks, clubhouses, and walking trails, giving residents extra perks without leaving the community.
- Consistent Aesthetic Standards. HOAs often have architectural guidelines to ensure homes look uniform and harmonious. This prevents unsightly additions or poor maintenance that could affect neighbors.
- Rules That Promote Peace and Safety. Rules often include noise restrictions, parking limits, and pet guidelines. While these may seem limiting, it’s important to note that regulations help reduce disputes and create a more orderly environment.
- Community Events and Engagement. Some associations organize social events, holiday gatherings, or neighborhood meetings to unite residents and foster a stronger sense of community.
- Added Security Measures. Gated entrances, surveillance cameras, or private security are common in some HOA communities, offering residents extra peace of mind.
What Happens When You Join an HOA?
Buyers are usually aware of an HOA’s existence when searching for homes. Disclosing HOA documents is also typically a part of the closing process. Once a buyer signs on the dotted line, they become a member of the HOA (assuming it is mandatory).
As members, homeowners have certain obligations to the HOA. These include paying regular dues, which help fund the community’s expenses, and following the rules. Moreover, members gain access to the HOA’s amenities, facilities, and services. Examples include pools, clubhouses, fitness centers, trash removal, landscaping, and more.
It is important to review the HOA’s governing documents before closing the sale. This way, potential buyers can have a chance to back out of the sale if they dislike the HOA’s rules or requirements.
How to Avoid Joining a Homeowners Association
Living in an HOA community is not for everyone. Since the answer to “can you refuse to join a homeowners association” is not always yes, it’s important to avoid HOAs altogether if buyers don’t want to become members.
1. Do Your Research
Buyers should conduct thorough research when looking for a home. Typically, older neighborhoods and homes in more rural areas don’t have an HOA. Still, it’s a good idea to confirm before placing an offer.
It is also easy to do a quick check online. Real estate listings, for instance, usually disclose if the home is in an HOA. Websites such as Zillow and Realtor.com are good places to start. Additionally, buyers should work with a real estate agent and let them know of non-HOA preferences.
2. Ask Questions
Not all listings will disclose that the home is attached to an HOA. For this reason, buyers shouldn’t be afraid to ask upfront if the home belongs to one. Legally, the seller or their agent must disclose this information.
3. Review the Disclosure Documents
Buyers should carefully and thoroughly read through all the disclosure documents. These documents should indicate whether the home is part of an HOA.
Additionally, certain HOA documents should be included in the disclosure. If they are lacking, buyers shouldn’t hesitate to request them. Ask for the governing documents, most recent financial statements, and reserve summaries. This will give buyers a good idea of how the HOA operates and if it’s in a healthy financial condition.
Do HOA Rules Supersede the Law?
No, the rules of an HOA do not come before the law — federal, state, or local. Although homeowners are obligated to follow the community’s rules, that doesn’t mean doing so blindly. It’s important to check the law and the governing documents to confirm if the rules are valid and enforceable.
For example, an HOA can’t prohibit homeowners from installing solar panels in Texas, but it can place restrictions on it. This is according to the Texas Property Code Section 202.010. If an HOA bans solar panels altogether, the rule is unenforceable because state laws supersede the community’s rules.
Can You Refuse to Join a Homeowners Association? Answered!
Living in an HOA doesn’t suit everyone. While refusing to join an HOA is an option in voluntary communities, mandatory ones tend to be more common. Buyers should get all the information they need before committing to a purchase.
Preferred Association Management Company offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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