Is it possbile to end membership in an HOA that you didn’t want to join is the first place and was required to join when purchasing the house?

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Is it possbile to end membership in an HOA that you didn’t want to join is the first place and was required to join when purchasing the house?

We do not use any of the amenities and the HOA is actually managed by a HOA management company and not the residents. They are VERY vindictive and mostly on a “power trip” as if they are a dictatorship. I follow all the rules and guidelines of the association. I just don’t want to be a member.

Asked on November 22, 2010 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to look at your deed and to see what it says as to the homeowners association matter.  Some deeds have various mandatory restrictions calling for the formation and for the joining of the associations.  If it is not mandatory then you can opt out.  But if it is mandatory then you may have no real choice here.  I would have a real estate attorney take a look at your deed and I might ask about the use of a management company to run the association.  See if the rules allow the delegation of the duty.  They may not and there may be a way to get rid of the vindictive management company all together.  Good luck.


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