HOA tries to fine non-HOA homeowners for violating their rules: 'We didn't join an HOA when we bought the house'

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    "Can they actually enforce this?"
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    Got a letter from the neighborhood HOA saying we broke a regulation but we didn't join an HOA when we bought the house Question So like the title says. We purchased the house a little over a year ago which clearly stated on the listing "No HOA". Our contract says the same. We never received a copy of the rules and have never paid a fee.
  • 03
    Today we got a letter in the mail saying we needed to remove algae from the side of our house in compliance with regulation 6 or something. The surrounding neighborhood houses are in the HOA so no clue how we weren't included. Can they actually enforce this? We're in Virginia if that is important.
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    Edit: I dug through the letter some more. The associations website does not list our neighborhood as part of their group (but have some apartments listed in the area). The phone number they left to contact also isn't attached to anything. We still contacted our titling people to see what they can do if anything.
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    DiogenesTeufelsdrock. 3 days ago Don't ignore the letter. Respond to it by asking them to prove that you are a member. Nothing more. This may force them to realize you are not a member, and to stop bothering you. In the meantime, follow the suggestions here about checking title records as thoroughly as you can for any indication of a HOA, or consult a real estate attorney. 574 Reply Share
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    bigfoot 76 2 days ago Send that demand letter certified with return receipt. 216 Reply Share
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    OriginalStomper · 3 days ago Dunno about VA, but here in Texas neither the listing nor the purchase contract, nor even the deed, will be authoritative as to whether the land is in an HOA. The question is determined by a review of the real property records to see if covenants were ever imposed on the lot before you purchased it. The most reliable way to determine this is to look at your Texas title commitment when you receive it. If the listing and the purchase contract were incorrect, then you'd
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    Diligent Read8195 3 days ago Rather than start a fight with the HOA, I would send a letter stating that your documents do not show that you are part of the HOA & to please provide proof that your deed is restricted by the covenants. Once they provide (or do not provide), you will know how to proceed. 201 Reply Share
  • 09
    TooMuchAZSunshine 2 days ago Once confirming you're not subject to the HOA, then send them a certified letter stating "Dear HOA, off."
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    Meincornwall - 3 days ago edited 3 days ago If it turns out you aren't in the ha then please write a letter... Hi neighbourooni, I appreciate your concern about my algae. I am regularly fertilising it in hope of more even growth. It's a nice colour isn't it? I like it. Hopefully we'll be able to encourage it to go all the way around the house soon. Wish us luck.
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    kmtsd 3 days ago I put a whole fence up around my property. As I was finishing up at the end of the weekend a guy came over and is all 'I like your fence, did you get HOA approval.'. I explained to him that while I'm next to an HOA, I'm not a part of the HOA and can do what I want. He said 'I don't care, we want you to put up a different fence'. I told him I don't care, get off my property. Last time I heard anything
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    chandris 3 days ago How absolutely crazy is it the lengths one must go to to discover whether or not a house is in an HOA! What a Byzantine hostile anti- consumer system!
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    Sub Zero_Fks_Given⚫ 3 days ago If you are, it'll be in your deed. If you're not, tell em to eat a bag of with a I sandwich on the side. They can't enforce a thing if you're not in the HOA.
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    aubaub 3 days ago You need to check your deed to be sure. If you are part of an HOA, it has to be listed there.
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    VirginiaUSA1964. 3 days ago In Virginia you are supposed to get a disclosure packet. I would check your closing documents to see if you paid HOA fees up front for a year or something. Or there may not be HOA fees if the community is relatively new.
  • 16
    Question- are you sure it's a legitimate document from the HOA/Management company and not some neighbor pretending to get you to fix this? We've seen that before on here.
  • 17
    Seems odd that you would get a violation notice and not have a lien for not paying dues for a year. They clearly know where you live.
  • 18
    MrsMaritime OP. 3 days ago The closing documents specifically have a part checked off saying we are not in an HOA. I was considering it could be a neighbor but there really is hardly any algae (I just checked) and it's odd an HOA would be mad at that and not my weedy flower beds lol. All the surrounding neighbors being in an HOA was what made us question it.

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