Many people are part of a homeowners association (HOA) for years without issue. But there are other homeowners who may decide that they would prefer not to be governed by the HOA rules and they would like to leave.
Whether or not doing so is possible depends on the covenants, conditions and restrictions (CC&Rs). In some cases, an HOA is voluntary, and a homeowner has the ability to opt out. But in many cases, the HOA is mandatory and tied to the deed of the property itself. This should be noted in the CC&Rs, and a homeowner cannot simply decide to leave a mandatory HOA.
Of course, they could decide to purchase another property and move, so they always have the right to leave in that sense. But since the property itself is part of the HOA, anyone who takes on ownership of that property is obligated to remain within the organization.
Unique situations involving HOA membership
There are also some unique situations to be aware of that may allow a person to leave the HOA in another fashion. For example, some CC&Rs have a de-annexation clause. A homeowner can petition to be removed from the HOA.
Another example is if there was no HOA when they purchased the home, and one was formed after the fact. Because they owned the property prior to the establishment of that organization, the homeowner can sometimes be grandfathered out, meaning they are not obligated to join.
When disputes or conflicts involving HOA membership arise, it is important for an association to understand their legal options.
