How is a Homeoners Association Created?

Q: How to find out if a subdivision has an HOA?

To find out if a subdivision has a homeowners association (HOA), you can check the property deed or title documents, which may mention any HOA. Additionally, you can contact local real estate agents, the county clerk's office, or search online for community resources related to the subdivision.

Q: What is the fine for non-compliance with HOA?

Fines for non-compliance with HOA rules can vary widely depending on the association's governing documents. Typically, fines are outlined in the HOA's bylaws or rules and can range from a nominal fee to significant amounts for repeated violations. It's essential to review these documents for specific details.

Q: Can a HOA be formed after purchase?

Yes, a homeowners association (HOA) can be formed after home purchase if the subdivision's governing documents allow it. This often requires a certain percentage of homeowners to agree to establish the HOA. Review the subdivision's covenants or restrictions for specific provisions regarding HOA formation.

Q: Can you refuse to join a homeowners association after?

If a homeowners association (HOA) is established after your purchase and the governing documents allow it, you may not be able to refuse membership. Homeowners are typically required to comply with the HOA's rules and pay dues if the HOA is validly created according to the governing documents.

Full question:

When I bought my home in a subdivision 4 years ago there was not a home owners association, dues or restrictions. Now someone who will not reveal their name is sending notices that they will establish a HOA, meeting times and states that we will be required to pay dues starting 2010. Can they just decide that I have to pay dues when it was not apart of the contract when I purchased my home?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Missouri

Answer:

When a homeowners association is created by the builder/developer, the Rules and Regulations are put together in the governing documents ( Declaration/Covenants/CC&Rs (the name varies ) ). In some cases, a governing documents will provide that a HOA will be created after a certain event, such as a certain percentage of homes being sold. I suggest you read the terms of the governing documents carefully to determine the authority to create a homeowners' association.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you be forced into an HOA after buying a house?

Generally, if a homeowners association (HOA) was not established at the time of your home purchase, you cannot be forced to join one later unless the governing documents of the subdivision allow for it. It's important to review the property’s covenants or restrictions to see if there are provisions for creating an HOA after certain conditions are met.