Q: a realtor told me that a home in a voluntary HOA has no deed restrictions or requirements to sign bylaws. Is this true?
I was told that there is absolutely no requirement to sign bylaws or CC&Rs. they also do not have any enforcement capabilities. However, I am aware of another voluntary HOA that has enforcement and ticketing capabilities. They allegedly aggressively pursue homeowners for arbitrary violations. I previously lived in a mandatory HOA in southern california and had many bad experiences and abuse of authority at their hands. I want to stay away from HOA's all together, but may make an exception for a voluntary one where nobody can ever get an opportunity to target you.
A:
The simplest way to answer your question is to say, YES. Where there are NO HOA restrictions written in the original deed that subdivided the neighborhood, then the restrictions DO NOT RUN WITH the land. Everything else is basically done by agreement.
Agreements on the use of land can say or make mandatory whatever the folks in the neighborhood agree to. It can be simple, and it can be complicated.
So if you find a house you like, then use a lawyer for your closing. That way, you will be protected and advised of everything you are agreeing to when you buy.
Good Luck!
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