Bloomfield Hills, MI asked in Real Estate Law for Michigan

Q: Neighborhood voluntary HOA now claims they are mandatory. They are threatening to put a lien on deed. Do I have rights?

I checked with the county records and there is definitely no HAO for my property. These people got together and just decided it's within their rights to create one. What can I do so I don't end up with issues when I go to sell?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

A: If you've never signed anything and there is nothing in your chain of title, there is no HOA.

If you've agreed to something then all bets are off however.

Without seeing all the documents however, we're shooting in the dark. You need to consult with a LOCAL real estate attorney who can provide you real advice about your situation.

Specifically, how and why did 'these people' get together and decide? Were you involved in the process? Was the property under common ownership at some point? A HOA has specific requirements and if they've not been met it isn't a HOA, 'voluntary' or otherwise. Neighbors can certainly get together to 'help each other out' but that is not necessarily enough to create a HOA. Get that local legal opinion!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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