Can I buy adjacent non-HOA land to Avoid HOA Rules

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  • #379305
    NetZeroDude
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    I am purchasing 3 acres of neighboring non-HOA land in this RR-5 district. Because it’s RR-5, I have to combine it with my HOA land. The 3 acres is clearly outside the HOA jurisdiction per the plat map. Two people told me that since it was combined to my HOA land, that it would fall under HOA rules.

    Others, including myself, disagree. As a matter of fact, I think if I wanted to add it to the HOA, it would require my consent and a voting approval of the members.

    #379308
    profdan_h
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    Combining your newly acquired 3-acre parcel with your existing HOA property does not automatically place it under HOA jurisdiction. Since the plat map clearly shows that the land is outside the HOA’s boundaries, it remains separate unless formally annexed. Most HOAs require a specific process to bring new land under their governance, which typically includes the property owner’s consent and a vote by HOA members.

    Additionally, any annexation may require amendments to the HOA’s governing documents. While RR-5 zoning may require you to combine the parcels for tax or zoning purposes, this does not automatically subject the new land to HOA rules. HOA jurisdiction is typically determined by recorded CC&Rs and governing documents, not just by land consolidation.

    To ensure clarity, reviewing your HOA’s governing documents and consulting a real estate attorney would be the best course of action. Unless your HOA has a provision stating otherwise, adding the 3 acres to the association should require both your consent and formal approval from the HOA membership.

    Hope this helps.

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