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How do I find out if my house is a legal part of an HOA?
Anonymous1 views3 answers
Apparently my street was built before the HOA. None of my neighbors are paying the HOA and were told they were not members. The HOA's website says most of the street is not part of it, but that properties may be voluntarily added. The HOA sent a bill and says they not only do not have to tell me where my property may have been added, but that they will sue me and my mother if I continue to inquire!?
Where could I get this information if they will not show it?
It is part of your chain of title or you are not part of the HOA. Property is put into an association by the recordation of restrictive covenants which form part of your title on the property. This is obtained from the clerk of superior court in the county wherein you reside but it may require you digging back through the grantor/grantee index to when the subdivision was created. If you are not listed, then your property is not subject to the HOA. Separately, the HOA may allow "membership" (i.e. for amenities, etc.) but this is either a year-to-year contract or something similar. That would not be recorded and would not be enforceable against a subsequent purchaser without notice.
Robert M DiamondReal Estate AttorneyFalls Church, VA ·
Fortunately there is a simple answer to your question--you have to search the title to your lot among your local land records or hire a title company or attorney to do it for you. If the HOA documents or an instrument voluntarily adding the lot to the HOA is in the chain of title, then you are subject to the HOA and have to pay assessments. If not, then your lot is not subject to the HOA and you do not have to pay. It is unfortunate that the HOA is not being more helpful by giving you a reference to where they believe the document subjecting your lot to the HOA documents is recorded among the land records of your local jurisdiction. There should be a quick resolution once you get the answer. Good luck and happy holidays!
