Resident Consent in Joining an HOA

Hi,

Typically, developers of planned communities form the HOA by creating the community’s governing documents and registering them with the state. Buyers of units within the community are automatically part of the HOA the moment they purchase a home.

The Declaration of Restrictive Covenants, also known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), is a binding document that contains what the homeowners can or cannot do. They are the foundational guidelines that establish behavior and property use restrictions. Here is a resource you may find helpful: https://www.hoamanagement.com/hoa-ccr/

However, if a neighborhood does not have an HOA because it wasn’t a planned community to begin with, the residents may choose to form an HOA. In this case, membership may be optional, but some states require a majority or all residents to agree. Here is a resource you may find helpful: https://www.cedarmanagementgroup.com/how-to-start-an-hoa/

For further guidance on this topic, kindly consult a lawyer.