Consumer Law, Warranties HOA membership binding on homeowner?

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FlaRiptide

FlaRiptide

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What document binds a homeowner to be part of a Homeowner's or Condo Association?

If a homeowner was adamant about no longer wanting to be part of the association and refuses to pay the annual dues, what legal instrument would be used to protect the Association?

I guess the residence address may be listed in the bylaws and/or covenants, yet what actually binds the owner? My own purchase was 25 years ago and I do not recall what if any paper was signed by me agreeing to participate with the Association.

Would there be any legal document filed with the County? I have all the years of documents of the Association at my disposal, yet I don't know what to look for. Any clue would be helpful.
 
Technically, an owner is not "bound" to the HOA. If you don't want to be subject to the HOA, get rid of the property. An owner is "bound" to the HOA because the property is subject to CC&Rs that grant the HOA power over that property. You "agreed to be bound" by buying property that is subject to HOA governance. The HOA would use the CC&Rs and the bylaws it has enacted under the power of those to protect itself in the event you refused to pay dues etc.
 
Unless there is some other legal document, I would assume that for every sales contract the new owner agrees to be subject to the HOA's CC&Rs.

If this is indeed true, how does the HOA have record of this? The HOA isn't given copies of all sales contracts. If push comes to shove, what would the HOA have to prove their case in court?
 
I would assume that for every sales contract the new owner agrees to be subject to the HOA's CC&Rs.
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Why would you assume that? The covenants run with the land. A new owner might just get notice (actual or constructive) of the covenants. Buying the land = agreeing to the covenants.

If push comes to shove, what would the HOA have to prove their case in court?
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Try rephrasing that. What case is the HOA trying to prove?
 
If I understand you correctly, the CC&Rs are attached to the real estate property and the buyer agrees to those terms upon purchase.

Interesting, thus a new question.

I can appreciate the concept of an individual, corporation, or other entity being bound to a legal contract. But, how is a piece of real estate bound to the CC&Rs? What is the underlying legal hold?
 
The crux of my questions is based upon the fact our HOA consists of only 66 homes. Very few homeowners ever attend the annual meeting or are interested at all. It is like pulling teeth to get people to serve on the Board. It has been said that if no one can be found to serve then it is mandated that a management company would take over and would be very expensive.

I'm just trying to be pro-active at learning the legal aspects of how to eliminate a HOA altogether if even feasible. The HOA does so little anyhow, dues are only $225 per year.
 
After reviewing the links you provided, it appears the real hardship revolves around the "Common Areas" owned by the HOA. (In our case this is a useless small amount of barren land that neither the City or the County would want).

Thanks for all your good input.
 
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