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HOAs are formed when the land is developed, and that status is filed in the local hall of land-use records. The document is evidence of the association's governance, contained in a series of conditions, covenants, restrictions and regulations (CC&Rs). When you purchased your property, law requires that this documents is contained within your stack of closing documents.
Verify that the property you purchased is not already covered by an HOA -- again, you can discover this fact at the local hall of land-use records.
If the association is a 'neighborhood association' formed among a group of owners, and the land-use for your address is not defined as an HOA or other common interest community, you are not required to join.
What else can I help you with?
Do I have to join a HOA that is forming but not in place when I bought the home?
You may be able to resist this conversion of your property's land-use with the help of an association-savvy attorney. It could be that the association -- if one is formed successfully -- can 'grandfather' your lot with an agreeable exemption until you are no longer an owner.
2nd phase was developed 2 yrs after 1st. Can you force a homeowner to join into the HOA even if Developer failed to join the property into the HOA formed for the 1st Phase?
A home owners association is a legal, land-use definition of property. Purchaser who buys property in an association is -- by definition -- a member: s/he joined when s/he purchased. If you wish to challenge your status in the association, you can work with an association-savvy attorney who can help you understand your situation from a legal point of view.
Are Homeowners associations allowed to disperse the settlement monies to homeowners only upon their approval?
It all depends on the terms of the association contract you signed when you bought your property. There are all kinds of arcane language limiting a property owners rights in the HOA's. That's why I never buy property in an HOA.
How long do you have to pay HOA fees for your property?
Homeowners are typically required to pay HOA fees for as long as they own the property, as outlined in the HOA agreement.
Do you have to join a homeowners assoc that was establised 3 years after the purchase of your property?
No. Not unless joining any future HOA was made a condition in your deed.
Who notifies HOA when a property is foreclosed?
Generally the foreclosing lender must notify the HOA.
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You didn't buy your home subject to a HOA but now your neighbors want to establish one. What are your rights?
You have the right to evaluate their proposal -- the pros and the cons -- and make your decision. Forcing you into an HOA may require a court order. It would be easier for the community to grand-father your future owners into an HOA, and again, this may require a court order. Once you have copies of your options, you can consult with a common-interest-community-savvy attorney who can better help you understand your particular rights in this particular situation.
You purchased a home and was not aware that it has an HOA If you have not sign any agreements with the HOA can you be forced to join and comply?
Yes. If the HOA is in your deed, as the result of a recorded document prior to the date you bought your home, you are obligated to be a member. However, the title insurance policy issued for your home should have disclosed that it was subject to HOA membership. Check your title insurance policy--if that's not in there, you can sue the title company for indemnification. Call a real estate attorney in your area for insight into your state's laws and your specific situation.
Can the HOA put a lien on an irrevocable trust property?
It is unlikely that an irrevocable trust gives the property any immunity from liens.AnswerYes. If the property is owned by an irrevocable trust the HOA can place a lien against the property and the trust. The HOA should research the trust so that the present trustees can be mentioned on the lien. Although debts are sometimes difficult to collect from a trust, the property cannot be sold or mortgaged unless the lien is paid.
How much power does an HOA have in California?
You need to review the recorded instrument that created the HOA to determine what powers it reserved. When you purchased your property you agreed to be legally bound to the terms and provisions set forth by the HOA.
What is the process for handling prepaid HOA fees at closing when purchasing a property?
Prepaid HOA fees at closing when purchasing a property are typically handled by the seller. The seller will provide the buyer with a statement showing the amount of prepaid HOA fees, which the buyer will then reimburse to the seller at closing. This ensures that the buyer takes over responsibility for the HOA fees from the date of closing onwards.
