Many people do not want to live in a homeowners association (HOA) and actively resist the formation of an HOA in their community.

While being in an HOA community has certain advantages such as marginally higher property values (on average 4% higher property values when compared to similar non-HOA communities) there are often far-reaching disadvantages. HOAs can be very restrictive of homeowners’ freedoms, are prone to mismanagement and corruption, incur costs for fees and fines, and may even repossess a homeowner’s property for non-payment of dues or repeat violations.

Because of the disadvantages to being in an HOA, many homeowners in non-HOA communities understandably resist the formation of associations. Here are some key information about HOA formation that these homeowners can benefit from being aware of:

Educate the Community

No one can force homeowners in a community to put their houses into a new HOA. However, once a decision is made to join an HOA, it is very difficult to get a property out of it. Through education, homeowners who do not support HOA formation can empower neighbors to make decisions with full knowledge of the pros and cons of joining an HOA.

Promote Open Communication

Foster an environment where neighbors feel comfortable discussing concerns openly. Encourage regular community meetings to address issues collectively and find solutions without resorting to the formal structure of an HOA.

Establish Voluntary Committees

Instead of formalizing an HOA, consider creating voluntary committees to address specific community needs. These committees can focus on landscaping, neighborhood events, or other shared interests, allowing residents to contribute without the need for a structured governing body.

Address Concerns Collaboratively

If conflicts arise, encourage open dialogue to find resolutions. Mediation and neighborly collaboration can often resolve issues without the need for a formal enforcement mechanism, fostering a sense of community responsibility.

Maintain Property Values Independently

Homeowners taking pride in their property and encouraging their neighbors to do the same can lead to collectively maintaining and improving the neighborhood’s aesthetics. Residents can demonstrate that an HOA is unnecessary for preserving property values.

“Because of the disadvantages to being in an HOA, many homeowners in non-HOA communities understandably resist the formation of associations.”

Stay Informed about Local Regulations

Familiarization with local zoning and property regulations and understanding the existing legal framework can empower homeowners to address issues without the need for an additional layer of governance.

Participate in Local Government Meetings

Attend local government meetings to stay informed about potential changes to zoning laws or community development plans. Being proactive in local decision-making can help homeowners shape their community without relying on an HOA.

Consider Legal Protections

Explore legal options to protect property rights without resorting to an HOA. This might include creating and recording private covenants or agreements among neighbors, ensuring shared responsibilities are upheld without formal association structures.

The Importance of An Attorney

Homeowners resisting the formation of an HOA in their community do not need to “go it alone.” An experienced Florida-licensed association attorney can serve as a crucial ally in this effort.

An HOA attorney can offer a comprehensive consultation to explain potential implications and address concerns. They can carefully review all proposed HOA documents, such as bylaws and covenants, conditions, and restrictions (CC&Rs), identifying any language that may infringe on the homeowner’s rights or contradict the community’s best interests. In community meetings, the attorney can present well-formulated arguments against the HOA’s formation. Ultimately, the decision will be down to the individual property owners in the community. However, the presence of an experienced HOA attorney can help these property owners do what is right for their own interests.

South Florida Law

South Florida Law is the region’s foremost HOA attorney with years of experience representing local homeowners in matters related to their association. If you live in a community where an HOA is forming and you are hesitant to join it, then you and other like minded members of the community can work withSouth Florida Law to determine if an HOA is in your best interest. We can also make the case against forming an association to others in the community who stand to benefit from staying out of the association.

If you are resisting the formation of an HOA in your community or having trouble managing a matter with your HOA, contact us today by calling (954) 900-8885 or reach out to us via our contact form.