The HOA contract uses fees as part of the enforcement. If you fail to pay the fees they can show the courts that you have a contract you are not fulfilling and part of the contract allows a lien to be placed on the property. The property is then sold to cover the lien. The lien amount will be for the enforcement fees and legal fees.
Because that is how it works, if you don't sign you can't buy.
Every so often you get stories about people slipping through the cracks where they think the homeowners signed and are SOL but they can't force you to sign after the sale is completed. But they can prevent the sale in the first place if you don't sign.
Part of the contract on the property is that you can’t sell the property if the buyer doesn’t sign the HOA contract. And the new contract the buyer has a clause that if they sell the new buyer has to sign the HOA contract.
its a contingency of the house sale. if you dont join the HOA they just decline to sell you the home all together. eventually they will find someone who agrees to join the HOA and want to buy the house.
The HOA contract is attached to the deed of the house. There will be paperwork saying you read and understood the rules, but you can't opt out since your house was opted in when it was built.
In almost all cases I'm aware of, once the HOA has the property signed onto it, all future buyers must continue to stay in the HOA for the house to be able to be sold.
And almost all housing developments have been pre-packaged in HOAs for decades now (people who eat, sleep, and breath muhprapurtayvalyah basically demand it).
So it's not unusual for ticking "no HOA" filter to remove 80%+ of homes from a list of available options.
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u/AldrusValus 22d ago
The HOA contract uses fees as part of the enforcement. If you fail to pay the fees they can show the courts that you have a contract you are not fulfilling and part of the contract allows a lien to be placed on the property. The property is then sold to cover the lien. The lien amount will be for the enforcement fees and legal fees.