Can I opt out of an HOA?

Probably not, except in very unique circumstances. If you are part of a mandatory HOA, there is rarely a way to opt out. If you belong to a voluntary HOA, you can leave whenever you like. However, most HOAs are mandatory HOAs.

Can I be forced to join a new HOA?

If your property wasn’t part of an HOA when you bought it, then you usually can’t be forced to join one afterward. State laws vary, however. In some, a large majority of homeowners in a community is all that is needed to bind that entire community to a mandatory HOA.

Can I refuse specific HOA services?

Not usually. Exempting certain households could decrease property values for everyone or it may expose the HOA to liability issues. That said, depending on the service being provided, you may be able to negotiate an exemption with your HOA.

What is de-annexation?

De-annexation is the legal term for opting out of an HOA. When you de-annex from an HOA, your property is no longer part of the HOA community.

If my HOA doesn’t have a process for de-annexation, can I leave whenever I want?

Nope. While some HOAs have a process for de-annexation spelled out in their Covenants, Conditions, and Restrictions (CC&Rs), many don’t. HOA membership is still mandatory regardless of whether or not the HOA has a de-annexation process.

If a majority of homeowners want to dissolve an HOA, can they?

Maybe. A majority vote is usually not sufficient on its own to dissolve an HOA. For one, you may need more than a simple majority vote. In some states, 100% of members need to vote for dissolution. Second, there are other issues that will need to be resolved, including settling the HOA’s debts and transferring assets. Mortgage lenders, insurers, and the local government may also need to approve the dissolution.

Can you refuse to pay HOA fees?

No. HOAs have the power to issue and collect fees and fines. Refusing to pay could result in a lien being placed on your property. You do, however, have the right to dispute a fine or fee increase.

Michael Warford

Writer

Michael Warford is a Content Writer at Clever Real Estate, the nation's leading real estate education platform for home buyers, sellers, and investors.

Prior to joining Clever, Michael worked as a freelance writer for a variety of digital and print publications, including Homes & Land Magazine Edmonton and Yellow Pages Canada. He was also the Assistant Manager of Content Production at Higher Education Marketing in Montreal, where he developed content for leading colleges and universities.

He studied English at Concordia University in Montreal where he received a B.A. and M.A.

When not writing, Michael enjoys reading, drawing, traveling, and exploring Montreal's neighborhoods and cafes.

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Tired of feeling micromanaged by your homeowners association? Find out how to opt out of an HOA so you can have more power over how you run your home.

Michael Warford

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How to Opt Out of an HOA