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â—„|| G ||â–º | How do I quit the HOA (home owner's association), does transferring the deed helps? |
PLEASE READ before answering irresponsibly:
The HOA my house is in does not care for trash or water or anything that I know of because I pay for all those bills. In addition, there is NO gate or shared pool. I want their harassment to stop! My dues are $17/mo which may not be relevant. Since HOA rules are signed at purchase, what if I transfer the deed to one of my family members and later they will transfer it back to me? it seems like the right solution but not sure of the consequences and if it is the right solution.
80% of the houses are rented and reaching the owners for a petition is impossible.
I am not interested in sob stories just a direct knowledgeable answer.
Additional Details
Added detail later... all answers seem to be ok but I do not have a problem with the dues. I do have a problem with restriction letters I receive. Weed uncut, vehicle parked the wrong place, grass is dead in small area... I just have no time and money to take care of these annoyances. |
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bull_rooster_aardvark
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You can't quit a HOA, it travels with the sale. If you were to sell the place and the new owner didn't agree on the HOA rules maybe the HOA cold come after you for problems, or the new owner - not really sure, but the HOA would still be there demanding their $17 and suing you (eventually) if you didn't fork it over. You might consider joining the HOA board if you want some changes but no way of quitting. |
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acermill
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No, transferring the deed won't help. Unless you can get the agreement of all the owners to allow you out of the HOA, membership will continue each time the deed is transferred. You can't 'opt out' of a HOA without membership agreement. |
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Expert Realtor
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You can't quit an HOA if you bought a house with it like that.
It runs with the land and legally, you can't get out of it and even if you sell the property you will have to pay any outstanding balance you owe to the HOA.
If you don't pay your billls and assessments with the HOA, they will foreclose on your house.
You need to pay it. You bought the house knowing it's in an HOA. |
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Kwahydal
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I live in an association area as well. Because you have already signed the documents when you purchased the home you are therefore stuck with it until you have sold the home to someone else, of whom will have to sign the association agreement for themselves. Before you signed that association agreement at the closing table, you should have read over the entire thing that explained to you what the fee was for and what all it covered. I pay $78 dollars a month for my association dues but it strictly stated that it covered garbage removal, water, snow removal in winter, upkeep of the common grounds, and covers all the administrative fees to keep the association running. Most of the homes in my area are rented out as well so I have to contact the developer with my questions and concerns. There should be a contact number on the agreement that you signed or contact the place that you send your dues to by mail. It sounds to me like your $17 dollars covers only the upkeep of the common grounds and the administrative fees to keep the association running. Changing the deed won't change anything. The only way you will get out of paying the association fee is to move out of that area.
Most places that have an association, the homeowners are referred to as co-owners in the association papers that you signed at the closing table. Because of this, there is a clause in the papers that states that if, for some reason, the dues are not paid then the association has the right to put a lien on the mortgage of that home.
I have been noticing that while there is benefits to living in an area with an association, there is also drawbacks to it as well.
Good luck. |
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Meghan
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Whoever owns the home is responsible for paying the HOA dues. If you transfer it to your family member, they have to pay it. If they transfer it back, then you have to pay it again.
HOA dues are not optional. You knew about them when you bought the home, and the only way to escape paying them is to sell the house. But I would find out what is covered for your monthly fee. IF it is a home, the fee typically covers a community pool, and park including maintenance, staff and upkeep. Townhomes or condos often include trash, water and sometimes gas and electric. They also provide maintenance on shared stuff, like roofs and foundations and common area maintenance. |
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I Buy And Sell Houses
 |
The other answers are correct:
You cannot quit the HOA.
Transferring the deed will not help. There would also likely be some undesirable consequences--tax and otherwise--from transferring the deed. For example, you'd be in violation of your lender's due on sale clause in the mortgage. That would entitle the lender to call your mortgage due and payable immediately.
What harassment are you referring to? Are they after you to pay your HOA fees? If so, you'd be well advised to. In some jurisdictions, HOAs (and many condo associations) have the right to place a lien on your property if you fall behind on your fees or dues. In fact, I knew someone who got into a dispute with a condo association (he was legally in the right, but that didn't matter) and refused to pay his condo fees. The association put a lien on his property. Legal costs escalated, and he eventually had to sell both the units he owned as a result. If that qualifies as a sob story, sorry. It's more along the lines of a cautionary tale. |
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mvpwarner13
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The restrictions and covenants run with the land. No way to opt out |
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Dale H
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U R stuck. If you don't want the HOA, sell the property and move. That is the only way to be rid of them.
Sorry. |
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IT'S ME AGAIN
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i wish i knew, and if you find out please post it here for us all, i am not sobbing here, just stating fact, we purchased a home in pueblo two years ago, and i don't know how, legally, the realtor pulled this off but sold us the house without any disclosure of a homeowners association, we found out after the purchase.......and it sucks |
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willow
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If the HOA does not enforce deed restrictions, do we have to pay the dues? What legal recourse do homeowners have against developer and managing organization? |
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