4 ms·

Not American here, so would welcome some explanation. If I own a piece of land on which my house sits. Even if it's within a district that has a strong HOA, wha

Not American here, so would welcome some explanation. If I own a piece of land on which my house sits. Even if it's within a district that has a strong HOA, what prevents me from leaving the association and set my own rules over my patch of land? Surely in the individualistic land of the free, it should be a fundamental right?

19870213 2y ago
But to buy that home/land from the previous owner you have to sign a contract stating you can't leave the HOA and that when you sell you only sell to those who will join the HOA and contract. This goes back to the construction company/realtor investing to build the entire suburb and putting down the roads and such.
- raverbashing 2y ago
  I wonder how many times this way of doing contracts was tested in the Supreme Court
- bdowling 2y ago
  > you have to sign a contract You have the right idea, but there isn’t a contract that a buyer has to sign. A restrictive covenant is attached to a property when a developer (e.g., of a condo complex or subdivision) deeds a subject property to an initial buyer. The restrictions “run with the land” and are enforceable against any subsequent buyer. (The restrictions are a public record kept with the county recorder, so any buyer is on “record notice” whether they actually knew about them or not.) Also, the way most HOAs work, there is no joining just as there is no opting out. You are a member if you own a subject property. That’s it. I mainly know about California, but it should be similar in other states.
abestic9 2y ago
In short: land covenants. In HOAs you will see titles containing terms about the property being subject to restrictions voted for/applied by the association. If you continually decline to adhere to the restrictions, you can be legally compelled to sell and move on. Note: I'm using phrasing local to me, I expect there may be minor differences but the same gist.
dilyevsky 2y ago
Same thing that prevents you from declaring sovereign state on “your” land - the laws =)

19870213 2y ago

But to buy that home/land from the previous owner you have to sign a contract stating you can't leave the HOA and that when you sell you only sell to those who will join the HOA and contract. This goes back to the construction company/realtor investing to build the entire suburb and putting down the roads and such.

raverbashing 2y ago
I wonder how many times this way of doing contracts was tested in the Supreme Court
bdowling 2y ago
> you have to sign a contract You have the right idea, but there isn’t a contract that a buyer has to sign. A restrictive covenant is attached to a property when a developer (e.g., of a condo complex or subdivision) deeds a subject property to an initial buyer. The restrictions “run with the land” and are enforceable against any subsequent buyer. (The restrictions are a public record kept with the county recorder, so any buyer is on “record notice” whether they actually knew about them or not.) Also, the way most HOAs work, there is no joining just as there is no opting out. You are a member if you own a subject property. That’s it. I mainly know about California, but it should be similar in other states.

abestic9 2y ago

In short: land covenants. In HOAs you will see titles containing terms about the property being subject to restrictions voted for/applied by the association. If you continually decline to adhere to the restrictions, you can be legally compelled to sell and move on. Note: I'm using phrasing local to me, I expect there may be minor differences but the same gist.

dilyevsky 2y ago

Same thing that prevents you from declaring sovereign state on “your” land - the laws =)