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If you purchased real estate already established as a homeowners association, you are subject to that private government. You received copies of the governing documents when you sat with the title company and signed that mountain of documents. Your realtor told you that you were buying into an association.

_______________ However . . .

If you purchased real estate in a community without an association, and your neighbors are forming an association, as an owner you are entitled to full disclosure as to what your liabilities are and/or will be once the association is formed.

Usually, you can resist joining a newly formed association by being 'grand-fathered in' in your current exempt state, but when the property is sold, it may be required to become subject to the association -- or not.

This is a legal issue with no standard. Best practices dictate that you engage the services of a local common-interest-community attorney to help you preserve and participate in the position you want.

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Q: Can you be held liable to a homeowners association you did not agree to?
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