Home Owner's Association formed AFTER I bought my house?

Question

I bought my home in the country to get away from city taxes and HOA. Now some home owners are telling the development residents that they will be electing officers on Aug. 27 for a Home Owner's Association. I, for one, do not see the validity of their decision nor do I want to ever participate in this money pit. Opinions?

I live in a very rural part of Texas and we have no community pool or playfield that usually necessitates the formation of a HOA. We do have access to a seasonal pond that is not maintained other than grass mowing in the front part.

Answer 1

Start a petition against the association.  Go door to door to people in the community and explain to them the issue and have them sign or not sign.

Answer 2

.  It doesn't sound like they can make you join.  They are allowed to form a voluntary HOA that covers only the ones who join.

Answer 3

Consult your deed and deed restrictions for the answer.  HOA's are usually provided for by the original developer/subdivider as a means of controlling the acreage and general amenities until he is sold out.  In your case a HOA may have been stipulated as part of your purchase, but is not (or may not have been) active.  If this is the case, you will need a real estate attorney to determine whether it is still viable.

regards,

Texian

Answer 4

Sounds to me like this should be a voluntary HOA.  They can't impose it on you after the fact.  When they contact you, tell them your feelings. Tell them that you feel the HOA is voluntary and in that light, you're choosing not to join.

Answer 5

It could be that they are forming a voluntary homeowners association.  They could help maintain the pond and do other things to help raise the value of living there, but they can not force you to be a member if it was not formed before you bought your house.

There are a lot of voluntary associations, and they are just that voluntary like any other PTA or such.

Answer 6

I doubt you can be forced by law to participate in this brand new HOA. You should probably ask a real estate attorney in your county.

Answer 7

Check your covenants to see if there is a legal basis for the HOA.  If there is, then check the covenants to ensure that the HOA was established legally.

If there are no covenants, ask the folks who are setting up the election what their legal basis is for setting up the HOA.