Homeowners sometimes express a desire to own their homes independently, even though they are part of a homeowners’ association. Perhaps they are tired of paying dues, or maybe there have been conflicts over rules and regulations. A homeowner may say that they are going to cancel their HOA membership so that they no longer have to follow those rules.
But is this actually possible? In most cases, it is not. If there is an exception, it should be spelled out distinctly in the Covenants, Conditions and Restrictions (CC&Rs) that the homeowner signed. This document tells the homeowner about all the rules they have to follow and which they have agreed to. In most cases, it will stipulate that the homeowner cannot leave the HOA, as that would undermine the governing body’s authority to enforce the rules and restrictions in the document.
What options does a homeowner have?
If a homeowner does want to leave, their only option is typically to sell the house. There are some cases in which an HOA membership may end, or the HOA itself may be dissolved. But generally speaking, if the homeowner wants to leave, they have to sell to a third party, take the proceeds from the sale, and purchase a different house that is not in an HOA.
One key thing to remember is that an HOA is typically trying to create a homogeneous community, so it is necessary for homes within that community to remain consistent. It is important for homeowners to understand that they cannot just leave whenever they want, at least as long as they stay in the same residence.
At the same time, disputes may arise, and HOA conflicts are common. For those operating a homeowners’ association, it is also important to know what legal steps to take and what rules they can enforce.