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Removing my home from a HOA

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CuriousHomeOwne

Junior Member
What is the name of your state (only U.S. law)? Indiana

I built a house that was in a HOA community. Due to the state stepping in, a large portion of the community was taken to build a school. This threw the estimated budget and HOA cost off. To further make matters worse, due to the downturn economy, several homeowners have foreclosed, leaving the burden on the rest of the community to foot the bill.

My problem with the HOA is multiple. They do not seem to enforce the rules.
- Homeowners building fences out of code.(HOA stepped in and claimed they would 'allow' them in order to save attorney cost but no one else was allowed to build in that manner.
-Covenant stated no parking on streets but HOA states they cannot enforce it.
-The rule enforcement seems to be pick and choose. Some people seem to get away with the broken rules while others are threatened.

Based off the above, and various other smaller items, I feel this HOA is no longer feasable to maintain but further more, I prefer to just recede from the HOA.

My question is, in the state of Indiana, is there anyway for a Homeowner to remove his home from an HOA legally without a lot of redtape?

Thank you.
 


nextwife

Senior Member
First: HomeOWNER don't foreclose, their lender forecloses. So several homeowners WERE foreclosed.

Second: you bought "subject to" the HOA" so remain a part UNLESS the association agrees to release your home from the association. Even then, odds are the developers agreement donme when the plan was apprpoved by the municipality REQUIRES all homeowners to maintain financial responsibility for certain things, and you cannot just walk away from the rules imposed as a condition of apporoval.

If you don't like how the HOA is run, run for the board and get active for change.
 

CuriousHomeOwne

Junior Member
The above is understood but the problem I am seeing is that the Covenant is not being followed or enforced and with the raising cost becoming a factor, the question remains on whether there is an option.

When I bought a home under this HOA, the agreement was for a set number of homes to be built in the neighborhood. Since the school being built took a major part of the land that was orginally scheduled for homes, this threw off the HOA fees from day one. The HOA is now neighborhood ran and no longer under a company and since then, the covenant is a 'pick and choose' what they want to enforce or when they want to enforce it.
 

CLJM

Member
The HOA is now neighborhood ran and no longer under a company and since then, the covenant is a 'pick and choose' what they want to enforce or when they want to enforce it.
If it were me, I would read and fully understand the HOA documents and CC&R's to ascertain what the HOA responsibilities and requirements are, and what remedies there might be in the event that the HOA is not fulfilling it's requirements. (ie---protections and enforcement, etc.) Also, the "power" is always in the numbers----are other homeowners as disenfranchised as you ?
My opinion, as both a homeowner and board member of a HOA, would be not to recede from the HOA, but to spend your time and effort to work to fix the problems within the HOA. Those on the board, representative of the community at large, have the vote----as "nextwife" said, run for the board and work to effect a change. The more HOA knowledgeable you are, the better your chances are to effect change.
Be the leader-----but, understand it is is hard work.
 

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