If you’re house-hunting and come across a beautiful neighborhood with great curb appeal and well-kept homes, there’s a good chance a Homeowners Association (HOA) is behind it. But what if you don’t want to be part of one? Can you legally refuse to join?
The short answer: It depends.
Mandatory vs. Voluntary HOAs
Most HOAs fall into one of two categories, mandatory or voluntary, and that distinction makes all the difference.
Mandatory HOAs are built into the foundation of the neighborhood. If the home you’re buying is in a community governed by a mandatory HOA, you are automatically subject to its rules, dues, and regulations.
This means that when you buy the house, you’re also agreeing to the HOA’s terms, usually laid out in the Covenants, Conditions & Restrictions (CC&Rs) recorded with the deed. Trying to “opt out” of a mandatory HOA is like buying a condo and refusing to pay the building maintenance fees. It’s just not how it works.
Voluntary HOAs, on the other hand, give homeowners the choice. You can decide whether to join, and participation usually includes benefits such as access to neighborhood amenities or voting rights in community decisions. If you’re not a member, you’re not bound by the rules or dues, but you also don’t get a say in how things are run.
What If You Don’t Want to Join?
If the HOA is mandatory, the only way to avoid joining is to avoid buying a home in that community. Once you close on the property, you’ve signed up whether you like it or not. Refusing to pay dues or follow the rules can lead to fines, legal trouble, or even liens on your property.
Some homeowners wonder whether they can challenge the HOA’s authority or dissolve it entirely. While this is technically possible, it’s extremely rare and legally complex. You’d need a supermajority of the community, a vote to amend governing documents, and probably a lawyer.
If the HOA is voluntary, you’re free to decline, but don’t assume every neighborhood gives you that option. Always read the governing documents and ask your real estate agent or attorney to clarify before making an offer.
Do Local Laws Override HOA Rules?
In most cases, HOAs operate under state laws, and their rules must stay within those legal boundaries. Federal and state laws, such as the Fair Housing Act, always take precedence. Local laws (like zoning or building codes) also apply, and HOAs can’t override them.
But within those limits, HOAs have broad authority to enforce rules about home appearance, amenities, parking, pets, and more. Buying into an HOA means agreeing to abide by those rules, even if you don’t like them later.
Make the Right Choice With Proper HOA Management
If you’re considering buying a home in a community with an HOA, you need to go in with your eyes open. No, you can’t refuse to join a mandatory HOA. That agreement is part of the purchase. Trying to back out later can cause major headaches. The best move is to read the documents in advance, ask questions, and weigh the pros and cons before signing on the dotted line.
And if you’re already living in an HOA and feel overwhelmed by the responsibilities or confusion around the rules, Proper HOA Management can help. From communication to compliance, we specialize in making HOA life easier for everyone involved.
Contact us today to learn more about our services.
