Additionally, youll need a thorough understanding of those CC&Rs we mentioned. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. An HOA must hold this special meeting within thirty (30) days from the receipt of a petition signed by an adequate number of HOA members.-In smaller HOAs, those with one thousand or fewer units, this petition must be signed by twenty-five percent (25%) of the members entitled to vote in the community or one hundred members, whichever is less. AG Opinion Letter (December 2, 2019), on whether a homeowners association has the legal authority to tow a vehicle that is in violation of the CC&Rs but is otherwise lawfully parked on a county-maintained roadway. At worst, if you dont pay your dues, you will likely just get kicked out of the HOA. These are the rules that govern how Suite 400 South Carolina Horizontal Property Act, S.C. Code Ann. While some HOAs have a process for de-annexation spelled out in their Covenants, Conditions, and Restrictions (CC&Rs), many dont. Find top real estate agents in these similar cities, HomeLight has an A+ rating with the South Carolina Legislature - Search your state representative and the legislation (or, "statutory law") database. U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. That said, getting out of an HOA may be possible in some circumstances, including if: A lot of factors come into play when figuring out if you can break up with your HOA, such as the type of HOA you belong to and whether the HOA was formed before or after You should also . the deed or in a separate document called the Declaration of Covenants, Conditions, and Restrictions. How Can I Dissolve an HOA in Maryland? | Ask a Manager De-annexation is the legal term for opting out of an HOA. Copyright 2017 - 2022 Homeowners Protection Bureau, LLC. Aside from being a required disclosure in most states, HOA inclusion involves regular dues, so those costs are considered by lenders as part of the mortgage application process. The only way for bystanders to opt out of endless litigation is to dissolve the HOA. My mother lived in a townhome for some time, and the sewer line was backing up, shares James Delgado, a top Santa Fe-based real estate agent with over a decade of experience.