Switching from Mandatory to Non-Mandatory HOA Membership

Depends on your many things.... such as "common areas" What are your common areas? The road?

I doubt people in your HOA vote to let you leave the HOA. I wouldn't. If you leave, other HOA members dues will rise.

Additionally, you should take a look at your deed and how its written. If you leave the association, you will have to change your deed, but you may have to change the deed of everyone in your association depending on how its written. You can assume, this would be at your expense.

Personally, I would be in favor of completely dissolving an association if the city would take over the common areas, but I always vote against anyone trying to leave a mandatory association.

Good luck.

Alesa,

I doubt there is any way you can just opt out of the assn. Once you are a member, you are a member for life!

I'm of the impression that the only reason you want to get out is because so many non-members aren't keeping their properties up. I'm not quite sure what the logic is in having that attitude, but I won't comment any further on that. With regard to nonmembers not abiding by the deed restrictions: Regardless of whether or not a property owner is a member of the HOA, they still have deed restrictions (which run with the land) attached to their proprety which they must abide by. If they violate any of those deed restrictions, any property owner, and the HOA included, can take legal action against them. The HOA cannot fine them, but they can take them to court. So there is no excuse for any property owner, whether a member of the HOA or not, to get away with violating any of the deed restrictions that are outlined in the CCRs.

Alesa, I don't understand what the Articles of Incorporation have to do with whether or not members are manditory or voluntary. I presume your Declaration of CC&Rs would define whether your homeowners are manditory or voluntary - and can not be some of each. And the Articles simply establish and incorporate the HOA - usually as a nonprofit. Are you sure you are correct on the status you posted on homeowners and HOA members?

Our HOA was created after a certain number of streets had been completed; the particular phase of development is referred to a Unit. We are in the 1st Unit. Our Unit was developed without DCCRs, etc. It was just an ordinary few blocks with houses. Then, incrementally, additional 'units' were built, in phases and because the HOA Articles and DCCRs were filed, were mandatory members of the HOA. We now have 7 units total and construction is complete. Each Unit has different, but similar ACCs as well based on builders. My Unit was allowed to become HOA members (annexed into the HOA) homeowner's choice. Therefore, approx. 1/2 of the residents in our unit chose to be annexed into the HOA for all eternity. Remember that not all neighborhoods have deed restrictions, covenents, etc., especially when built back in the '80's. Our only choice is to contact the city and file a code violation due to the condition of a property's negative effect of the rest of the neighborhood, which I will be doing shortly. Not a native Texan, HOA's are very new to us and in abundance here in this state. Sorry, but HOA's are not always a good thing! I understand the dependance an HOA has on it's members, the reason for not allowing one to opt out of a mandatory membership. I still will pursue the options based on our special circumstances. If all were members and all fell under the same rules, there would be no question on how to proceed. Remember, the primary reason for having HOA's is not to provide use of common area's. The primary reason is to preserve property values. My situation isn't providing me this benefit, and the HOA cannot enforce non-member actions, however I think I'll bring it to thier attention to see if they will take it on the aid those of us that are members. Sorry for the ranting, but it seems that some of you assume every neighborhood came with deed restrictions, and this is not true.

Alesa,

It could be possible that when your unit was "annexed into the HOA" it was not done legally. There have been court cases in several states where the courts have ruled that to form a mandatory HOA 100% of the property owners must vote "yes" to the change. I don't know if there is case law in TX or not; however since you want to opt out of the HOA it's something you may want to check into.

As for the nonmembers who are in violation of the CCRs, IF their property does have deed restrictions, then the HOA may take action against them. As I said earlier they cannot fine them however they can take them to court and any individual property owner has the same authority. Frankly I've never heard of an HOA, mandatory or voluntary, where all the properties do not have deed restrictions. The fact that some were built in the 80's doesn't matter, deed restrictions go back to the turn of the century, at least! And just because a property owner may not have a copy of the CCRs is not an indication that his property does not have deed restrictions. I owned a deed restricted property for 10+ years and never saw a copy of the CCRs -- there was no HOA. However, since you firmly believe not all properties have deed restrictions, the only way to determine what properties do would be to research each property's deed -- or just ask the property owner. The deed should say "subject to covenants, conditions, restrictions, etc" and reference the name of the s/d. It's amazing what problems some developer cause!!

Of course, the reason for this post.

What does your reply mean?
If it means you chose to be annexed into an association which has CC&Rs and that document was notorized and filed with the County then your property is under the jurisdiction and control of a Declaration of CC&Rs. And if you now want to change your deed again it will probably take notorized approval of the owners of every other property controlled by that Declaration of CC&Rs. If that is the case my answer is - it would be almost impossible, but you could consult an attorney.