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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption