Q: Can I opt out of a HOA
Our association is a joke. I was told that the HOA was never made a Legal entity. Most of the home owners have had to sigh the property up for the association. I was also told that I can file a noterized statement at the assessors office that I opt out. Not of these things were told to me by an association board member. Also I never signed a contract when I purchased the home. I M not sure the previous owner did either. Does this sound legitimate? Even possible?
A:
You made (by my count) seven statements before you asked your first question. Does exactly what sound legitimate?
The fact than neither you nor the previous owner signed a contract makes no difference, if the HOA declarations have been recorded. They should have shown up in your title report when you purchased the property. And sure, it's possible; It happens all the time. Speak to an attorney about it to see whether any of it will hold up. I doubt, for example, that other homeowners had to sign up. Either they were bound by something making them part of the HOA or they weren't (whether or not they signed).
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