Forced Membership into Home Owners Association

[pboregon]

What is the name of your state (only U.S. law)? Oregon

My wife and I purchased a single family home in Oregon 7 mos ago. At the time we purchased it, there was no HOA but there were CC&Rs. We were fine with the CC&Rs and we were happy there was no onerous, restrictive and expensive HOA. This was a selling point for us. However, there has recently been a movement among the homeowners to "adopt" another neighborhoods CC&Rs, which does have a mandatory membership in an HOA.

The proponents of this movement claim that, according to the existing CC&Rs, if 75% of the homeowners in our neighborhood agree to adopt the new CC&Rs, ALL homeowners would be forced to join. The current CC&Rs do state that to "change" the existing CC&Rs requires a 75% approval of the homeowners.

Is it legal to force me to join an HOA under the 75% approval provision? Can I be forced to give up my independent homeowner rights to a board of director and suddenly be forced to pay an HOA membership fee? If so, is there any recourse?

Thank You!
pboregon

 

[HomeGuru]

What is the name of your state (only U.S. law)? Oregon

My wife and I purchased a single family home in Oregon 7 mos ago. At the time we purchased it, there was no HOA but there were CC&Rs. We were fine with the CC&Rs and we were happy there was no onerous, restrictive and expensive HOA. This was a selling point for us. However, there has recently been a movement among the homeowners to "adopt" another neighborhoods CC&Rs, which does have a mandatory membership in an HOA.

The proponents of this movement claim that, according to the existing CC&Rs, if 75% of the homeowners in our neighborhood agree to adopt the new CC&Rs, ALL homeowners would be forced to join. The current CC&Rs do state that to "change" the existing CC&Rs requires a 75% approval of the homeowners.

Is it legal to force me to join an HOA under the 75% approval provision? Can I be forced to give up my independent homeowner rights to a board of director and suddenly be forced to pay an HOA membership fee? If so, is there any recourse?

Thank You!
pboregon

**A: I got news for you. You aready agreed to follow the CC&R's by virtue of your purchase of the property.

 

[pboregon]

Follow up

Wow, thanks for the quick reply! But I have a follow up...By agreeing to follow the CC&Rs, I suspect that means I would be obligated to adopt new CC&Rs if 75% of the homeowners approve it. Since this would come with a mandatory HOA provision then do I legally have to join? If so, I'm not sure that is good news...