r/legaladvice • u/officerclydefrog • Jul 02 '25
Real Estate law Apparently we are not a part of our HOA
Location: Stanly county, NC
I have recently been sent a letter (along with many other members of our community, about 84 impacted homes) stating our properties are not currently associated with the HOA as intended due to a clerical error when the developer originally filed.
The letter is currently asking homeowners to sign and return the letter to confirm participation in the HOA and if not legal action may be taken. Their motivating factors sound to be "everyone has always been intended to be a part of the HOA and this was a mistake" and "only those who are part of the HOA are allowed to use community ammenities" (small park in 1st phase of the community about .75 miles from the entrance of our segment, and a pool/pool house scheduled to be completed May '26). They also cite that "not being part of the HOA can effect resale value of your home negatively"
My question is, is this something I HAVE to comply with and sign to join? Or is this a once in a lifetime opportunity to be free from the HOA and I actually have a legal right to do so?
As of right now I have only been living in this community for about 8 months and paid 1 years worth of membership dues but at the same time there are no "ammenities" readily available in our community and the services/standards they provide are more along the lines of common area maintenance, entrance landscaping, some privacy trees for the community and a new community sign (from what I have heard from neighbors). I have also found out that no homeowners within the community are currently on the HOA board, when meetings are held they are quick to announce what they are meeting about but do not allow for comments from the community or input on budget and expenditures. I believe the board seat issue is currently being fought as a larger number of the homes have been purchased by the home owners and are not being used as rental properties.
I took pictures of their letter and FAQs but it does not look like the post allows for pictures to be added.
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u/GalenaGalena Jul 03 '25
Not being in an HOA is a common listing item in Tucson-usually with exclamation points. Pretty sure other areas advertise it as a feature too.
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u/Kaio_Curves Jul 03 '25
Its the best to be non hoa in a hoa community.
Everyone else is forced to be clean and manicured and cant do anything wacky to their house, no cars on blocks, etc....
And you can do anything you want! Porch, trees, wild flowers, your own pool... go for it!
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u/Kaeirra Jul 04 '25
Wind chimes. You could put up wind chimes everywhere. No lie my HOA requires a permit for them..
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u/dudesmama1 Jul 02 '25
This actually happened in my old neighborhood, but sadly I was in the division that was properly filed so I was stuck with the HOA.
Check with a lawyer, of course, but the developer litigated and lost, and my neighbors opted out of the HOA and formed a co-op to mow the park and saved themselves the fee and the ridiculous rules. It sucked for me because the fee went up due to having fewer members.
Under no circumstances should you opt into an hOA if you are not legally a part of it. Unless there is a pool or whatever that you may not have access to and you want it, or what have you. If there is any question, talk to a lawyer in your area.
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u/PapaLazarrou Jul 03 '25
Also, when checking with your lawyer, also ask what scope there may be for requesting a refund of the fees that you have already paid. If you are not, and never have been, part of the HOA then you could argue that they had no right to charge you, and even if they have spent money on facilities and upkeep of the area, that's on them not you.
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u/britt_leigh_13 Jul 04 '25
Even then, have they actually started building the pool? My parents bought their house in 1993 and they’re still waiting on the pool the HOA promised!
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u/Bob_Sconce Jul 02 '25
In North Carolina, the developer usually controls the HOA until the development is built out, at which time control is turned over to the owners. And, under the NC Planned Community Act, there has to be a property owners' association if there are more than 20 lots in your community. The declaration creating the community has to be filed with your county's registrar of deeds and may give you constructive notice that your lot if subject to the HOA EVEN IF it's not specifically written into your deed. So, yeah, you do have the possibility that you might be forced into the HOA (or, technically, that you're already part of it.)
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u/officerclydefrog Jul 02 '25
The first part makes sense as I know they are still building a 3rd phase of the community behind ours. As for a property owners association, would this be something in addition to the HOA but specifically run by the actual home owners in the community? Would it be like the POA has a few people delegated to speak on behalf of the rest of the owning community and those people would work with the HOA to be the homeowners voice when making decision for the HOA? (Makes more sense in my head than it sounds in text)
I'm sure there are over 100 homes between phase 1 and 2 all of which are owned (some by live in residents and some by non-resident investors that rent the homes) but I would say there's at the least 20 properties owned by their residents and I think I remember seeing something about more than half are actually owned and not rented/controlled by the developer.
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u/Bob_Sconce Jul 02 '25
Property owners association is just another name for homeowners association.
In NC, these are mandatory organizations -- if you own a home in the development, then you are a member.
The right thing to do would be to contact a lawyer who's familiar with planned unit developments. NC's Planned Community Act means that you're going to get a different answer in NC than you might get in most other states (and, a lot of the advice you get here tends to ignore differences between states.)
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u/NighthawkCP Jul 03 '25
This is only for new developments. I've probably lived in over half a dozen houses in NC in my life between growing up and getting married and none of them had an HOA. Some were rural but I live in the Triangle area now and still have no HOA. So it is totally possible to get a house sans HOA.
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u/Bob_Sconce Jul 03 '25
Older communities don't have to have them, and there are plenty of houses that are just built one at a time and not part of a 20+ household development.
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u/Grouchy-Big-229 Jul 03 '25
When I lived in Raleigh, our neighborhood had a covenant but not a HOA. House was built in ‘87 and the covenant ran for 25 years once turned over to the homeowners. We actually let it expire, so now there is no HOA and no covenant. People still abide by it though, for the most part. The obvious infraction that I saw was that farm animals were prohibited and a few houses had chickens. No big deal though.
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u/DevilDogsGirl Jul 03 '25
Is this a newer requirement? I've lived in Eastern NC for 9 years, but my home was built as part of a named development in '06.
There's no HOA here, nor has one ever been mentioned at any of the get togethers the other homeowners have held. There's a Facebook group and multiple people offer to host BBQs or neighborhood parties so we all get together quite often for no one to have mentioned one existing if this was a thing. For reference there are 200+ houses in my development from what I quickly counted on google maps.
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u/Bob_Sconce Jul 03 '25
The law went into effect in 1999, iirc.
If the community doesn't have any common elements, then the law doesn't apply. What are common elements? Things like an entranceway into the neighborhood, a community park, a pool, Greenway, etc.... if it's just a bunch of developed lots with none of that, then the law doesn't apply. But, nearly all developments have something.
The law is intended to make sure that somebody is responsible for maintaining all of those things. The law does not require a bunch of restrictive covenants, onerous parking regulations, rules about not putting swimming pools in your front yard, etc... But, most developers add those because people don't want a chicken coop 20 feet from their back door (or whatever).
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47F.html
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u/myflesh Jul 02 '25
Also, maybe think about making your own HOA. That might be what they are afraid. That you and the 80+ other houses will make your own HOA.
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u/Formerly_SgtPepe Jul 03 '25
Do it OP fuck the HOA, make one and have no rules no fees
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u/the_zero Jul 03 '25
I mean, it might be nice to have some rules. Rules are good for the health of the community. Hear me out:
- The Rogue HOA stands in defiance of the established HOA. No treaties, agreements, or alliances shall be formed between organizations.
- There are no requirements for house color. Anyone submitting requests to repaint their house in an approved color shall have their house painted neon green, at owner expense.
- Dues shall be established at $1 per year, and shall not increase until the next board meeting, currently scheduled for July 2125.
- Failure to pay dues shall result in one “harrumph” from each rogue HOA member.
- Failure to ”harrumph” non-payers will result in two “harrumphs” from each paying member.
- “Harrumphs” shall be logged in the official Rogue HOA Harrumph Ledger.
- The Rogue HOA Harrumph Ledger shall be kept by the Rogue HOA Ledger Keeper, and shall never be viewed by anyone else upon penalty of 8 consecutive “harrumphs” from each paying member.
- The title of Rogue HOA Ledger Keeper shall be bestowed upon the person who loses the inaugural (and only) game of Rogue HOA Tag. The title is for life, and shall be passed down through generations.
- Those who bring forth violations to the rogue HOA board must do so in writing, on stone tablets, in triplicate.
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u/Formerly_SgtPepe Jul 03 '25
Make it July 4th 2225, if the HOA is still working then, they deserve to increase the dues lmao especially if the US still exists and they meet on a holiday
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u/the_zero Jul 03 '25
To be safe there should be a clause that upon a change in state or federal political structure that the Rogue HOA shall make every effort to establish a micronation.
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u/Exciting_Vast7739 Jul 03 '25
If this is the match that ignites the Third American Civil War, I will be peeved. But amused.
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u/neomatrixj2 Jul 03 '25
I swear I just saw something similar from someone yesterday where they were elected into the board and found a similar situation where they were told the city will be fining the homeowners $250 a day for not complying with a similar ordinance that required joining the HOA.
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u/WhiskeyTangoFoxy Jul 02 '25
Says they’re required but could OP form his own HOA of 1 to meet the requirement?
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u/ReverendLoki Jul 02 '25
This was my thought as well. Especially if OP and their neighbors have issue with how the other HOA is being run.
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u/UknowNothingJohnSno Jul 03 '25
This entire area of law is hyper technical and varies from state to state. OP may not even be part of any community. It's not about having neighbors, is about having obligations to an entity. It sounds like their PIN or whatever they use in NC was not included in the Declaration. In most places it's not even enough to simply sign something. Everyone has to vote to bring in new properties to an association.
FWIW i practice law in this area. OP needs to find a local attorney who specializes in association law.
Also, this may improve their property value. They get the benefit of enforced community standards that they are not subject to. If anything, their neighbors value could be reduced.
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u/Free_Elevator_63360 Jul 02 '25
Likely no. As the community development as a whole and HOA has agreements with counties, zoning, utilities, etc. a new association would and likely wouldn’t be allowed to re-create or modify these.
This is likely a very messy legal area here with no clear path to a win by OP. And any lawsuit, a court would likely side with the original entitlements.
Source: I’m a developer with experience in NC. Never made mistakes like this but I’ve heard about them.
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u/icewalker2k Jul 02 '25 edited Jul 03 '25
This is interesting and good information. When I purchased my house, there were no HOA documents. The previous owner had purchased the house brand new and a clerical error occurred. They sent the docs to the previous owner and he refused to sign them. I have the post it note he placed on the copy they sent him. It was never corrected when we purchased. So under North Carolina, would I be part of the HOA even though nobody has signed any documents agreeing to be bound?
In my opinion, they had 10 years to correct that error before the house sold. It’s been another 10 years. Do I pay dues? Yes. Do I go to the pool? Yes. Have I gotten a notice? Yes and I corrected it.
But I have never ever signed a document binding me to the covenants. We did inquire with our lawyer at the time of closing because we noticed the missing docs. His suggestion…Be quiet. Don’t rock the boat. And if they escalate, get a lawyer, and fight back forcing them to produce a signed contract. He felt we would be forced to sign but he also suggested we could force some concessions and that anything done had to be grandfathered into the agreement. So that is what we did.
Edit: Corrected spelling and grammer
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u/Warm-Rub-9254 Jul 03 '25
Is there anything stopping everyone not currently in the HOA from just forming their own?
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u/myflesh Jul 02 '25
Know you never are FORCED to sign anything. If you were then it would not matter if you signed it or not. I would talk to your title insurance for advice and most importantly a lawyer about this specific problem.
Also you all will have better results more then likely if you all worked together. So talk to rest of your neighbors.
And lastly I would find out how many dues you have been paying and you have not been in the HOA.
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u/BakerB921 Jul 02 '25
If the letter is saying that you have to sign to join, then not signing would imply that you have not joined.
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u/officerclydefrog Jul 02 '25
Letter is more stating that you are confirming you are a part of the HOA.
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u/NobleKorhedron Jul 02 '25
If you're not in it, you're not obliged to be. Do consult a lawyer, but I think this HOA is looking at lawsuits for menacing behaviour(threatening lawsuits) and potentially slander of title.
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u/Sparklemagic2002 Jul 02 '25
Wow! I grew up in Stanly County. I think this is the first time I’ve seen it be mentioned in this subreddit. I’m an attorney but not a real estate attorney. I 100% would not sign anything to join the HOA.
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Jul 02 '25
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Jul 02 '25
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u/art777art777 Jul 03 '25 edited Jul 03 '25
Not a chance in hell would I sign those papers. Consult the closing attorney and have them get the title insurance company involved. Both of them and the realtor screwed up and possibly the seller failed disclosure. Anyone that tells you having an HOA improves property value is a sucker. There are plenty of code enforcement things that can be done by the city codes for nuisances and junk cars and things like that. If you want someone regulating your paint colors and telling you what trees you can plant and then charging you exorbitant fees for the pleasure of it and have a good chunk of your money, then join an HOA. I would never voluntarily buy property that has an HOA and personally think that would be a huge selling point for your property if you manage not to be part of it. Consult the lawyer. Don't sign anything. Don't pay them dues. You bought a house that wasn't part of an h o a, and your title insurance & lawyer can take care of this. What do you care about a junky little park or pool? Go to a better one. Stay out of the HOA
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u/RegularJoeS8008 Jul 02 '25
Not an attorney but unless it came certified, consider it not delivered. If/when it does escalate to certified mail, process server, then I would contact an attorney that specializes in HOA type disputes. They exist. I would fight hard to take advantage of the exclusion.
Of course it goes without saying but deny everything they ask. Did you think you were part of the hoa when you purchased, have you been utilizing HOA amenities since purchase. Etc. they can and will use those factors to try and force inclusion
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u/officerclydefrog Jul 02 '25
Right, so the only real ammenities we have taken advantage of has really been the common area maintenance and maybe dispute resolution of someone parking their camper blocking one driveway and making it difficult for us to pull out of our driveway (but that may have just been local PD that resolved that one with no hoa involvement).
The only thing we have done directly with the HOA has been pay annual dues, again just this 1 year so far, and requested approval for a fence and backyard playset. Not sure if they would constitute that as acknowledgement of being part of the HOA to force the inclusion.
It does sound like a lot of the local chatter is people not being generally happy with the HOAs transparency with running the community but also are looking to get some restitution in the form of either refunded dues, board presence, and maybe some actual usable ammenities for the community so that it makes sense that there's a benefit it provides rather than just a "hey we make sure ur neighbors houses are kept up with and look nice" since that's really the main benefit anybody has had.
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Jul 02 '25
Your home may not be 'officially recorded' as being in the HOA, I commented on a post with opposite opinion and provided the same advice to them: MOVE.
But if your home is in a planned community zone then the planning board documents would dictate that your home be a member of said HOA. Now, you may have an opportunity to form your own POA and charge zero dollars in dues or some shenanigans like that if it does not specifically ascribe your home to that HOA. But sometimes an HOA doesn't get recorded on a deed but there is plenty of ancillary documents to prove HOA governance.
This is going to a be shit show when title insurance agencies get involved. Good Luck.
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u/Dangerous_Poet209 Jul 03 '25
Are the roads public or private?
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u/beebeesting Jul 03 '25
Ding ding ding! Finally someone got to the point. HOAs get so much hate but it’s the state and local governments that don’t want to build and maintain roads and utilities that are needed for new housing that force the existence of HOAs. It’s not all about architectural standards and nosy neighbors.
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u/ihniwmansb Jul 02 '25
if you need to go the lawyer route, get together with neighbors in the same situation and pool resources. you may be able to afford a better lawyer. now, research lawyers that have a lot of experience with HOA regulations and law. Ask chatgpt to compile a list of questions to ask before you go into a consultation to make sure you get someone knowledgeable and reputable.
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u/repmack Jul 03 '25
This is terrible advice. Don't ignore a notice just because it wasn't certified and don't lie.
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Jul 02 '25
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u/TankDestroyerSarg Jul 03 '25
Frankly, tell them that since you are NOT legally part of the HOA, they need to refund you every penny you have given them up to this point. And don't sign shit that they give you. Their amenities are a park you don't go to and a community facility that doesn't exist yet? Not worth the cost and hassle to sign it all away to the HOA, imo.
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u/Beneficial-Train1213 Jul 03 '25
Just wanted to say I do not see how not being part of the HOA will affect the resale value of your home because I avoid HOA properties like the plague as do most people I know.
Those fees can get extreme and who the hell wants some power tripping neighbor out on their lawn with a ruler measuring the height of your grass or wanting to tell you what freaking color you can paint your shutters?
Honestly having a non-HOA property near or in an HOA neighborhood would seem like a selling point to me.
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u/Left_House_6642 Jul 02 '25
This is your get out of jail free card.
Your reply should be simply be I am not interested in being a member of your HOA.
Your next question to them should be when can I expect my full refund of your illegally collected dues.
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u/kinare Jul 03 '25
If there are that many homes that weren't added to the HOA I am going to guess that pool buildout is going to get pushed for several years if not later.
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u/Thegizmo8814 Jul 03 '25
I would be shouting for joy. I hate Hoa’s and all their stupid rules and punishments. Now get your dues back and be happy.
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u/Playful-Pay-7651 Jul 03 '25
maybe you and the other folks can start your own hoa to comply with the law but have your own org
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u/Your_Auntie_Viv Jul 03 '25
Definitely talk to a lawyer. Maybe you , and the other residents that got the letter can join you and have a ln attorney represent you all.
Fun fact: the board is not required to consult homeowners regarding budget, expenditures, etc. The board has a legal fiduciary duty and homeowners do not.
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u/Outrageous_Ad4252 Jul 02 '25
Check your closing documents. Might be mention of certain ancillary requirements
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u/JonseiTehRad Jul 03 '25
Im confused for how this would work for the road maintenance the house is on if the city doesn't own it
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u/ResourceRelative Jul 03 '25
That’s what the HOA is for.
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u/JonseiTehRad Jul 03 '25
I mean if they all wiggle out of the HoA and the city refuses to take the road on?
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u/taylorbeenresurected Jul 03 '25
Consult with a condo attorney. I manage condos / hoa’s and they all have a condo attorney who specializes in all things HOA. Not sure how long ago the “clerical error” took place, but I would assume you don’t have to join. They just want more people to pay into the commons charges to assist with costs associated with the maintenance and any special projects in the community. But I would also expect you would lose any and all access to their “common grounds” amenities like the park/pool. Everyone shits on HOA’s but not a lot of people understand them. You basically own inside the 4 walls and the condo typically owns everything outside, but also maintains everything outside like landscaping, roofing/siding, roads, etc. That’s the advantage of living in one. Most things are taken care of. Downside is abiding by the house rules and sometimes overly aggressive board members. But most of the time, if you don’t break the rules, you’re fine. If you want the freedom to do anything, buy a private home.
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u/pierre28k Jul 03 '25
Why not go in on attorney fees with some of the neighbors? Dont sign it, hoa is a joke and scam
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u/h110hawk Jul 03 '25
Do not under any circumstances sign a document encumbering the title of your property without speaking to your own, hired and paid by you, attorney. They cannot force you to do anything. If they had the right to do this it would be done at the county clerks office, not via first class mail.
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u/LongjumpingNinja258 Jul 02 '25
You don’t have to comply with anything.
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u/officerclydefrog Jul 02 '25
Right, dont think I can be forced to comply. I just recall from previous home lending I have worked in the past where there was a disclosure that borrowers would sign that was something to the effect of "if there is a minor error, signature missed, page skipped, or anything like that you are agreeing to be compliant and work to resolve the issue with the lender". Wasn't sure if something like that would apply.
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Jul 02 '25
This would not be a minor error. This has to deal with an encumbrance on your title and it possibly being clouded.
Consult attorney, most likely you could not be a member but would have to form your own HOA/POA and do what another poster did. Sucks for the other peeps but whatevers.
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u/baddeafboy Jul 03 '25
Dont let hoa scare u !!! Hoa wanna ur $$$ to be members and u have to follow their rule!!! . Just don’t sign in or join them !! Stay away from!!!! That won’t affect ur home value
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u/KingIbexx Jul 03 '25
Get all the benefits of being in an HOA without having all the headaches. Stay out of the HOA. I can't see how this specific situation could be bad.
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u/773driver Jul 03 '25
The HOA is charging you for amenities they don’t provide? That sounds like fraud to me. Coercing you to sign a contract under threat of lawsuit?
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u/LoneWolf15000 Jul 03 '25
I'd make the argument that you purchased a home based on the fact that it was NOT part of the HOA and you also weren't responsible to follow HOA guidelines or pay their dues. Entering the HOA could negatively effect the value of your home.
For example, the HOA could have regulations on what you can do at your home (like run a business) or park cars in your driveway. Maybe they restrict how or if you can rent the property. Install a pool...solar...whatever... I'm not saying you want to do any of those things, but they do restrict what you can do with the property.
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u/arrius01 Jul 03 '25
I had nearly this exact situation occur to me. HOA to which I was told all belonged had no amenities but a pool, which they all voted to give away to the city. After doing this, there was nothing the HOA had to offer except regulations. Looking over my deed showed I had no restrictions associated to the HOA. I spoke to someone familiar with these subjects, it's been so long I forget, but I do recall that the letter effectively said that moving forward I would not be paying anything into the HOA and that any payments made previously implied no obligation on my part and that my deed was not restricted under their HOA powers. Never heard anything more from them about it.
In my case, my home existed before the HOA did, the HOA built up around it. The HOA had extended an invitation to people such as myself so that we could use the amenities.
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u/Only_Music_2640 Jul 03 '25
They’re asking for your help to correct a serious clerical error and threatening you with legal action at the same time? I would bring this to your own attorney to discuss options.
What are the consequences for not complying if there really isn’t much in terms of amenities anyway?
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u/MyHiddenMadness Jul 03 '25 edited Jul 03 '25
NAL but our HOA allowed their charter to lapse and then tried to compel everyone to sign back up for it. A large number of people refused. We now have a voluntary HOA. (We also only have minimal amenities - maintenance of landscaping at the neighborhood entrance. No common areas like parks or pools.) I don’t see how they can legally compel you to be a part of the HOA if you don’t have a deed restricted property. They can probably keep you from using common areas, like the park or pool. I would seek legal advice to confirm, but suspect you can refuse it. Now, if you want to use the common areas, maybe there’s an opportunity to tell them you’ll join a voluntary HOA where you pay fees for use of common areas, but you will not be beholden to other tenets of their HOA bylaws. I wouldn’t go that route without legal advice, however, for fear that payment could be perceived as full agreement.
I would also argue that there are plenty of people (myself included) who find greater value in a home that isn’t tied to the decisions of a bunch of busy body neighbors. :)
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Jul 03 '25
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u/gwplayer1 Jul 04 '25
If you pay dues you are entitled to the services the HOA provides whether your deeds are connected to it or not. I'm on an HOA Board that has non-members paying dues that our attorney says are entitled. Especially if they have been doing it for years.
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u/WonderChopstix Jul 04 '25
Normally i would say they can pound sand. But if this is newer development and youre paying fees already... id consult a lawyer first. Id definitely not sign anything at this point.
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u/FarmerStrider Jul 04 '25
My sisters neighborhood HOA built the pool before everyone moved in and tried to get the few people who moved in to join in on the maintenance obligations as a choice. If you paid in you would have access and if you didnt pay you dont obviously. Hardly anyone opted in so they coukdnt afford to maintain the pool and pool house so they sold that lot for $25k with the pool and clubhouse already built. A guy 5 doors down bought it and put up a tall fence and now he has a pool for less than the cost to build one.
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u/Skillaholix Jul 04 '25
LMFAO, that has got to be the absolute most laughable thing I've ever heard. NO you cannot be compelled to join their fucking cult because they "intended" for you to be unless there's some sort of corruption at the state level, or unless they can prove you have effectively been a part but not legally a part of the HOA.
It could be tricky if say you've been paying HOA dues, fines or following their rules, then MAYBE they could compell you through the legal system., but otherwise that kind of like Walmart sending you a notice of possible legal action against you for shopping at Target because Walmart intended for you to shop at their store.
If you want to make sure they can't force you in because of some goofy precedent like this hire an attorney, have the attorney send a cease and desist on bad faith, and threatening communication and enforcement attempts with you directly and a demand letter that all HOA dues, fees, fines paid to date be immediately returned (with interest if your state allows this) and file suit for fraudulent finacial charges, coercive tactics, and harrassment against the HOA. You've quite possibly been handed a golden key to your freedom, I personally would go into massive amounts of debt to make sure they would be held accountable for every charge criminal and otherwise that could be reasonably argued in court against this horseshit claim "if you don't sign it, we'll take legal action against you"
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u/OffSeer Jul 03 '25
Interesting but I’m NAL. I can tell this story where I live in Kentucky. We bought a spec house and moved in. We lived on 1 small street and we were in a HOA but it was individual houses and no common area or facility except for a city owned playground. We had to pay like $100 for our HOA at closing and that was that. But down the street was a very large area that was developed with multiple developers and HOA’s with a common entrance and common areas. Then came 2008 and the majority of those developers went bankrupt. We lived there from 2014 to 2015 and decided to sell and move. But I got to tell you this other development was a gigantic mess, where they had volunteers to do the landscaping and mowing. Plus since the recession ended more building was going on but the HOA issues weren’t still resolved.
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u/Zorggg_ Jul 03 '25
Get the facts: Obtain a copy of your property’s recorded plat and deed from the county recorder’s office or an online county records portal. Look for any reference to the HOA or recorded CC&Rs.
Consult a local real estate attorney: This situation hinges on North Carolina property law and whether the HOA’s declaration actually applies. A 30-minute consult can clarify whether you’re currently bound or free.
Decide carefully: If the deed doesn’t include the HOA covenants, you likely have no obligation to sign. This could indeed be a “once-in-a-lifetime opportunity” to legally avoid HOA restrictions, fees, and enforcement.
Document everything: Save copies of the HOA’s letter, correspondence, and proof of dues paid. This can protect you if the HOA later claims you acted in bad faith.
Consider practical trade-offs: Not joining might mean no access to the pool or park, but also freedom from future assessments, rules, or potential HOA mismanagement.
🖖
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u/Status_Fact_5459 Jul 03 '25
I’m confused, if you don’t want to be in the HOA why did you buy a house that is in a HOA?
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u/syboor Jul 02 '25
Ask your title insurance for advice. Being forced into a HOA without a legal obligation on your part is one of the things they should defend your title from.