Do You Have to Join an HOA When Buying a Home?

Do you have to join the HOA, or do you have a choice? HOAs can offer benefits like neighborhood maintenance and amenities, but they also come with rules, fees, and legal obligations. So what happens if you find your dream home, and it’s in an HOA community? Whether you’re buying a house in Roswell, GA or a townhome in Summerville, SC, this Redfin article offers expert guidance on navigating homeowners associations (HOAs) during the homebuying process.

Do you have to join HOA?

It depends on the type of HOA. If the neighborhood has a mandatory HOA, membership is automatic — you’re legally required to join, follow the rules, and pay the fees once you purchase the home. However, if the community has a voluntary HOA, you can choose not to join. In that case, you won’t be bound by the rules or have to pay dues, but you may lose access to amenities and community decision-making.

What is an HOA and what does it do?

A homeowners association (HOA) is a legal entity formed by a community’s residents or developer to enforce property standards, maintain shared spaces, and uphold a neighborhood’s appearance and value. If you buy a home in an HOA-governed community, you’re expected to follow its covenants, conditions, and restrictions (CC&Rs) — a set of rules that can govern everything from landscaping to exterior paint colors to rental policies.

HOAs collect dues from members to cover expenses like:

• Landscaping of common areas
• Security patrols or gate maintenance
• Community amenities (pools, parks, gyms)
• Trash and snow removal
• Long-term repairs or reserves
  

The scope and power of an HOA vary widely depending on the neighborhood, the governing documents, and local laws.

What are the types of HOAs and when do you have to join?

Voluntary HOAs

In a voluntary HOA, homeowners are invited — but not required — to join the association. If you decline, you’re not legally bound by its rules, nor do you pay regular dues. However, you may not have access to neighborhood amenities or voting rights in community decisions.

Voluntary HOAs often rely on goodwill and community spirit to maintain standards. They may manage landscaping, signage, or organize events, but lack enforcement power without homeowner participation.

Mandatory HOAs

A mandatory HOA, sometimes referred to as a “mandatory-membership HOA,” is a legal obligation tied to your property deed. If you purchase a home in one of these communities, you’re automatically enrolled — you don’t get to choose. These HOAs:

• Require dues (monthly, quarterly, or annually)
• Enforce CC&Rs through fines or legal action
• Can place liens on your property for nonpayment
• May restrict certain renovations or uses of your home
  

The rules, fees, and authority of a mandatory HOA will be detailed in the community’s governing documents, which buyers should review before closing.

How to know if you have to join HOA

You’re required to join an HOA if the property is part of a mandatory association. This requirement is typically:

• Recorded on the property deed
• Included in the CC&Rs
• Acknowledged in your closing paperwork
  

Once you purchase the home, you become a legal member and agree to follow its rules and pay assessments. If you fail to do so, the HOA can:

• Fine you
• Suspend access to amenities
• File a lien or initiate foreclosure in extreme cases

When HOA membership may not be required

Not all neighborhoods with the term “association” in the name have mandatory membership. In voluntary HOAs, membership is optional, and non-members are not subject to fees or rules unless they opt in.

Some neighborhoods also have inactive HOAs, where an association exists on paper but is no longer collecting dues or enforcing rules. Even in these cases, deed restrictions may remain in effect, so it’s worth consulting with your real estate agent or a real estate attorney to verify the details.

Can you refuse or do you have to join HOA?

If the HOA is mandatory, no — you can’t refuse. Even if you didn’t sign anything directly with the HOA, your deed binds you to the rules. Failing to pay dues or follow the guidelines could result in legal consequences.

For voluntary HOAs, you can decline membership. But you may not be able to use shared amenities or participate in decisions that affect the neighborhood.

Do you have to join a newly formed HOA?

In some states, homeowners may have legal protections that allow them to opt out of a newly formed HOA — but this is rare and often limited. Typically, once an HOA is established and filed with the county, it becomes binding for all properties within its jurisdiction. However, state laws vary. For example:

• In Texas, newly formed HOAs may require approval by a certain percentage of homeowners before enforcement begins.

• In California, certain older neighborhoods must vote to implement mandatory membership, offering existing homeowners the ability to reject new terms.

• In Florida, opting out may be possible only during the HOA formation stage, before documents are officially recorded.

What to do if you disagree with the mandatory HOA?

If you live in a mandatory HOA and disagree with its rules or governance, there are legal and procedural options to pursue change.

Steps you can take:

• Attend board meetings to voice concerns or raise questions
• Join the board or vote for candidates who share your views
• Propose amendments to the CC&Rs, though these often require a community vote
• File a complaint with your state’s HOA regulatory agency (if applicable)
  

Keep in mind that all homeowners are bound by the CC&Rs unless and until they’re legally amended.

What happens if you don’t follow HOA Rules?

If you violate HOA rules, you could face:

• Warning letters or citations
• Fines (daily, monthly, or per incident)
• Suspension of community privileges
  Legal action, including lawsuits or liens on your property
  

In some states, repeated or serious violations can result in foreclosure proceedings. While this is rare, it’s legally permitted under certain circumstances — especially if you fail to pay dues or fines

How HOA rules are legally enforced and what happens if you challenge them

HOA rules are legally binding once you purchase a property in a mandatory association. Challenging these rules in court can be difficult, expensive, and time-consuming. Homeowners disputing fines, restrictions, or board decisions often need to hire legal counsel and file lawsuits, which may involve:

• Attorney fees

• Court filing costs

• Mediation or arbitration fees (often required before litigation)

• The risk of paying the HOA’s legal costs if you lose

Because HOA rules are part of your deed restrictions, courts often uphold them unless they clearly violate state or federal law. Before challenging any HOA action, it’s wise to consult a real estate attorney who understands HOA law in your state. While you may feel a rule is overreaching, only a court can determine whether it’s an unenforceable HOA rule. Most HOA rules are enforceable unless they clearly conflict with state or federal law.

How to avoid buying into an HOA

If you’d prefer not to deal with HOA rules, here are a few tips:

• Work with an agent who knows which neighborhoods typically don’t have HOAs
• Look at older homes, especially those built before the 1980s
• Avoid subdivisions or master-planned communities
• Use county GIS maps to see if a property is inside an HOA boundary
• Scrutinize listings for terms like “association dues,” “CC&Rs,” or “managed community”
• Ask your title company to confirm if any HOA fees or restrictions are tied to the deed
• Look outside city limits — homes in unincorporated areas may be less likely to have HOAs

If you’re asking, do you have to join an HOA to own a home, the good news is that you have options.  You don’t always have to join an HOA, some homes are located in non-HOA communities where no membership is required. Another option is buying in a neighborhood with a voluntary association, which may offer some community benefits without enforcing strict rules or mandatory fees. These alternatives give homeowners more flexibility, but they may come with fewer services and less oversight.

Can you dissolve an HOA?

In very rare cases, homeowners can vote to dissolve an HOA — but it’s a complex and costly legal process. Dissolution typically requires:

• Unanimous or supermajority vote of homeowners
• Legal counsel and court filings
• Satisfaction of debts and contracts
• Approval from city or county governments
  

Even if successful, dissolving an HOA can take years and result in unanticipated expenses for the community. For most buyers, it’s much easier to avoid HOAs upfront rather than try to leave one later.

How HOAs are formed and who’s in charge

Understanding how an HOA is formed can help clarify when and why you have to join HOA membership, especially in newer developments. HOAs are typically created by the developer of a new residential community. To legally establish an HOA, developers must:

• Draft and file Articles of Incorporation

• Record CC&Rs with the county

• Create bylaws detailing governance procedures

• Establish a board of directors (often controlled by the developer until a turnover period)

Once enough homes are sold, the HOA is usually turned over to the homeowners, who elect a board of directors. This board manages the budget, enforces rules, hires vendors, and oversees daily operations.

As a homeowner, you can influence the HOA by:

• Voting in board elections

• Running for a seat on the board

• Proposing rule changes or attending meetings

Understanding the governance structure is crucial if you’re wondering do you have to join HOA decisions once you move in—because in many cases, you’re expected to participate or comply regardless.

What to look for in a well-run HOA

If you’re considering buying a home with a mandatory HOA, make sure the association is well-managed. Signs of a strong HOA include:

• Clear, regular communication with homeowners
• Responsiveness to maintenance requests and complaints
• Transparent finances, including easy access to budgets and reserve studies
• No frequent surprise fees or special assessments
• Consistent enforcement of rules
• Proactive long-term planning for repairs and upgrades

Before joining an HOA, it’s important to review the association’s financial documents. Look for healthy reserve funds and consistent budgeting to ensure the HOA can cover maintenance and repairs. Poor financial management can lead to unexpected fees or special assessments for homeowners. Talk to current homeowners and request HOA documents during your due diligence period.

Do you have to join HOA if federal or state laws conflict with its rules?

If you’re wondering do you have to join HOA communities that limit your property rights, it’s essential to understand that federal and state laws may override those HOA restrictions. While HOAs can create and enforce their own rules, those rules must comply with broader federal, state, and local laws. When these laws conflict, legal statutes take precedence.

Federal protections like the Fair Housing Act prohibit HOAs from enforcing rules that discriminate based on race, religion, sex, disability, or familial status. For example, an HOA can’t ban children from using a shared pool or deny housing based on disability-related accommodations.

State-level HOA laws govern:

• How HOAs can collect dues or impose fines

• Meeting requirements and board elections

• Disclosure obligations when a home is sold

• Dispute resolution procedures between homeowners and the HOA

Local laws such as zoning regulations or public safety codes also override HOA restrictions. If an HOA bans accessory dwelling units (ADUs) but the city has legalized them, the local law may prevail — but the outcome depends on your state.

HOA transparency and legal reforms

If you’re wondering do you have to join an HOA, it’s also important to consider how transparent and accountable the association is. In response to homeowner concerns, many states have introduced legal reforms aimed at improving HOA operations and communication. These laws often require associations to clearly disclose:

• Monthly or annual fees and dues
• Fines for violations
• Rules about prohibited items or activities, such as specific pets, vehicles, or exterior changes
• Access to meeting records and financial statements

These reforms help ensure that residents know exactly what they’re agreeing to, especially in communities where you do have to join HOA. Greater transparency can help buyers make informed decisions and avoid unexpected restrictions or costs.

What’s in the CC&Rs?

When you buy a home in a mandatory HOA, you’re agreeing to a set of legal rules known as the Covenants, Conditions, and Restrictions (CC&Rs). These documents outline everything from landscaping and noise restrictions to architectural guidelines and rental policies.

The CC&Rs are binding on all current and future homeowners, meaning even if you didn’t help create the rules, you’re still legally required to follow them. Failing to review the CC&Rs before buying can lead to costly surprises.

Ask your agent or title company to provide the full CC&Rs, and consider having them reviewed by a real estate attorney, especially if you’re asking, do you have to join HOA obligations tied to your future home.

Final thoughts: do you have to join HOA?

You can’t avoid a mandatory HOA if it’s tied to the property — and refusing to participate doesn’t get you off the hook. If you’re unsure, ask questions early in the home search and read all HOA documents closely before closing.

Buying into an HOA can offer benefits, but it’s not for everyone. Understanding how HOAs work, and whether you have a choice, is key to finding the right home for your lifestyle.