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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My house sits on a parcel in an established neighborhood which

Resolved Question:

My house sits on a parcel in an established neighborhood which has an HOA. The deed and covenants were given to me prior to closing and I was under the assumption that my home was in HOA. After reviewing the covenants the original builders of the neighborhood listed all the land lots to be included in the HOA and my property sits on a separate land lot in the deed books with the county. I am fighting the HOA because I do not feel my land is included in their HOA and therefore I do not have to abide by their covenants nor pay their dues
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.


The good news is that the books don't lie! In this instance, if the covenants list the lots in the HOA, and your lot is not one of them, and if you haven't opted in as a member of the HOA, you cannot be forced into the HOA or forced to pay dues, abide by the covenants, etc.


However, before you take this position, you should review your loan closing documents to make sure that you didn't agree to be a member of the HOA, take a look at your deed to make sure there are not provisions or conditions on the deed that says you agree to the covenants/restrictions against your property, etc.


If there is nothing that says you agree to be a part of the HOA, and your house is on a lot that isn't in the HOA, I think you've got a solid position.


Please let me know if you have any additional questions.

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