New homeowner signs contract stating "no HOA," then gets fined for breaking HOA guidelines: 'Can they actually enforce this?'

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Ben Weiss • Writer and Editor
Mar 6, 2025 8:00 AM EST

There is a reason why new homebuyers avoid even the slightest mention of homeowner's associations in their search. Perhaps they have come across far too many horror stories on our site about how difficult it can be to advocate for oneself when an HOA board member accuses a resident of violating the by-laws of their contract.

It turns out that sometimes, no matter how hard you try, the presence of an HOA is unavoidable. Here, we have a new family of residents who expressly chose a neighborhood because they were told it was a non-HOA property…. until soon thereafter, when they received a fine for violating the regulations of a nearby HOA.

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  • 01
    "We didn't join an HOA when we bought the house"
    via Nikola Knezevic

  • The question of whether or not this is enforceable is a tricky one, apparently, depending on the state that you're in. However, because these residents were specifically told there was no HOA (not just verbally but also in writing), it looks like they have a legitimate reason to ignore this “violation.” Chances are the nearby HOA thinks they can intimidate the residents and get away with their enforcement just by appearing as if they are an authority in this matter…

  • 02

    "Got a letter from the neighborhood HOA saying we broke a regulation but we didn't join an HOA when we bought the house"

    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.
    via MrsMaritime
  • 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.
    via MrsMaritime
  • 04
    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
    via MrsMaritime
  • 05
    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.
    via MrsMaritime
  • 06
    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.
    via MrsMaritime
  • 07
    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.
    via MrsMaritime
  • 08
    bigfoot 76 2 days ago Send that demand letter certified with return receipt.
    via MrsMaritime
  • 09
    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
    via MrsMaritime
  • 10
    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.
    via MrsMaritime
  • 11
    If the listing and the purchase contract were incorrect, then you'd likely have a good fraud claim against Seller and listing agent, but that would not change the HOA situation for your lot.
    via MrsMaritime
  • 12
    - 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
    via MrsMaritime
  • 13
    proof that your deed is restricted by the covenants. Once they provide (or do not provide), you will know how to proceed.
    via MrsMaritime
  • 14
    TooMuchAZSunshine. 2 days ago Once confirming you're not subject to the HOA, then send them a certified letter stating "Dear HOA, off.'
    via MrsMaritime
  • 15
    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,
    via MrsMaritime
  • 16
    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.
    via MrsMaritime
  • 17
    Hopefully we'll be able to encourage it to go all the way around the house soon. Wish us luck.
    via MrsMaritime
  • 18
    Cheezburger Image 10475885056
    via J King
  • 19

    Several folks shared their similar tales of HOA drama! Here's what they had to say!

    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
    via MrsMaritime
  • 20
    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.
    via MrsMaritime
  • 21
    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
    via MrsMaritime
  • 22
    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!
    via MrsMaritime
  • 23
    Sub_Zero_l 3 days ago Given If you are, it'll be in your deed. If you're not, tell em to eat a bag of with a sandwich on the side. They can't enforce a thing if you're not in the HOA.
    via MrsMaritime
  • 24
    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.
    via MrsMaritime
  • 25
    VirginiaUSA1964 · 3 days ago In Virginia you are supposed to get a disclosure packet.
    via MrsMaritime
  • 26
    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.
    via MrsMaritime
  • 27
    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.
    via MrsMaritime
  • 28
    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.
    via MrsMaritime
  • 29
    MrsMaritime OP 3 days ago The closing documents specifically have a part checked off saying we are not in an HOA.
    via MrsMaritime
  • 30
    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
    via MrsMaritime
  • 31
    surrounding neighbors being in an HOA was what made us question it.
    via MrsMaritime

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suburbs hoa hoa stories house neighborhood neighborhood-drama neighborhood-stories entitled people karma home entitled people hoa members
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