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Getting out of HOA or HOA DUES

Started by SergioW • 8 replies • 299 views

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SergioW (Virginia)
Posts: 1
Posted:
Hello...I live in relatively new community (3 yes old). We are currently in a transition from developer to owners. I want out of the HOA or at least the dues. My home is the only one off the main town road. My reason for wanting out is because we get no benefit. The dues are fir maintenance of road and sidewalk...which we have neither. We are expected to walk through muddy common area or walk on the road to enter the subdivision. The speed limit on the 2 lane road is 55mph, with tractor trailers a common occurrence. If you have kids, you'd understand the concern of not have a sidewalk. The road is maintained by the county.
I see no benefit of being part of the HOA.
We were never told there would be no sidewalk for us.
Ideas or suggestions?
CathyA3 (Ohio)
Posts: 6,299
Posted:
You should check all of the papers you were given when you bought your home. If you're part of the HOA, there should be a form disclosing this fact. As far as I know, such a disclosure is required in all states. Also look to see if there is a plat map showing the entire community. Is your house part of this plat?

Also, if you're in an HOA, there is something called Covenants, Conditions, and Restrictions (CC&Rs, sometimes referred to as the Declaration). These things describe your rights and obligations as the owner of a home in the HOA. These CC&Rs are attached to the deed of your house - if you sell it, future owners will also be bound by the same terms. You should have received a copy of the CC&Rs. They're also recorded in your county and a copy of them can be obtained from the county Recorder (many counties make these available on their websites).

Disclaimer: I'm not a lawyer. If you actually are part of the HOA, removing yourself from it is a legal process, which means you'll need to see a lawyer. You'll need a persuasive reason for this other than "I don't want to pay assessments" (nobody else wants to either). And it's not clear whether or not you're getting any benefit. If the HOA owns the streets or other infrastructure, you are getting a benefit. IF the HOA maintains proper drainage so that your yard doesn't flood every time it rains, you're getting a benefit. A lawyer will be able to sort these things and tell you whether or not you have a good case for exiting the HOA and how much it will cost you to do this.

SheliaH (Indiana)
Posts: 6,964
Posted:
What Cathy said. Didn't you read the paperwork you got at closing to see what you were getting into before you signed them?

If you're still under developer control, why haven't you asked them about this? Better do it soon if the community's bring turned over to the homeowners. See if there's an incoming board you can talk go - maybe this should ho on a punch list they can ask the developer to address before they say we out.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
You can’t get out and if you don’t pay the assessments the HOA may foreclose on your home.
DavidJ21 (Arizona)
Posts: 22
Posted:
Quote:
Posted By SergioW on 02/17/2024 9:58 AM
Hello...I live in relatively new community (3 yes old). We are currently in a transition from developer to owners. I want out of the HOA or at least the dues. My home is the only one off the main town road. My reason for wanting out is because we get no benefit. The dues are fir maintenance of road and sidewalk...which we have neither. We are expected to walk through muddy common area or walk on the road to enter the subdivision. The speed limit on the 2 lane road is 55mph, with tractor trailers a common occurrence. If you have kids, you'd understand the concern of not have a sidewalk. The road is maintained by the county.
I see no benefit of being part of the HOA.
We were never told there would be no sidewalk for us.
Ideas or suggestions?

There is a lot more to HOAs that just road/sidewalk. You have a property management company in many cases, landscapers for common areas, insurance, regulatory filings etc. Whether you personally derive a benefit has nothing to do with it. You're part of HOA
WendyM5 (North Carolina)
Posts: 1,522
Posted:
i want to stop paying my taxes because I think the 886 billions spent on war/defense is ridiculous. Do you think Biden will do anything to help?

Honestly, the only way you are going to get out of an HOA is to join the board and put in so much volunteer work that the HOA dues will then seem like a small fee. To reduce my HOA dues by $90 per year took probably 40 hrs of work.
vis ta vie
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By SergioW on 02/17/2024 9:58 AM
Hello...I live in relatively new community (3 yes old). We are currently in a transition from developer to owners. I want out of the HOA or at least the dues. My home is the only one off the main town road. My reason for wanting out is because we get no benefit. The dues are fir maintenance of road and sidewalk...which we have neither. We are expected to walk through muddy common area or walk on the road to enter the subdivision. The speed limit on the 2 lane road is 55mph, with tractor trailers a common occurrence. If you have kids, you'd understand the concern of not have a sidewalk. The road is maintained by the county.
I see no benefit of being part of the HOA.
We were never told there would be no sidewalk for us.
Ideas or suggestions?

Hi Sergio,

If you are receiving no tangible benefit, and your home is the only home not located within the community, I recommend working with the HOA and the developer to see if you are, in fact, entitled to sidewalks or other amenities. That's first.

If your property is attached to the HOA's community by deed only - and the property is carved out to not receive amenities yet must support the neighbors - then a legal review would be in order.

If there are any community amenities for which you're deriving no benefits because you choose to not use those amenities, you need to support the HOA as you agreed when you purchased the home.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KellyM3 on 02/18/2024 9:14 AM
If your property is attached to the HOA's community by deed only - and the property is carved out to not receive amenities yet must support the neighbors - then a legal review would be in order.
I disagree. As you seemed to indicate in an earlier post, a deal's a deal.

As well, the probability is high that this owner is receiving something for what he pays. See DavidJ21's and DeanJ's post.
LetA (Nevada)
Posts: 2,679
Posted:
What does the deed to your home say in regards to an HOA? Look at the county recorders website
and look up your property.

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