Providing a signed “no HOA letter”—also known as an affidavit—is one way to show that, you as a seller, are honest and forthcoming about the home. But buyers must beware. Just because a home isn't currently part of an HOA, doesn't mean it will remain independent of the planned development once it is sold.

Below are suggestions on important elements to include in your letter: Make sure to include background facts describing the issue at hand. ... State your demand in a professional and concise manner. ... Reference any bylaws, CC&Rs, or state/federal laws you are relying on. ... Include a deadline and intent to sue language.

The homeowners' association might place a lien on your home, sue you, take away your privileges, or foreclose. If you own a home that's part of a homeowners' association (HOA) and fall behind in your HOA dues or assessments, your homeowners' association can likely charge late fees and penalties.

State your demand in a professional and concise manner. Make sure you keep a professional tone throughout the letter. Remember you are asking the HOA to pay or take some type of action to resolve the problem. You don't want to jeopardize resolving the dispute by using argumentative language.

If you fall behind in paying the assessments, an HOA might file a lawsuit against you for a money judgment. Once a court issues a judgment in favor of the HOA, the HOA can ordinarily take money from your bank account (called a “levy”) or garnish your wages to collect the amount owed.

HOA fees are almost always levied on condominium owners, but they may also apply in some neighborhoods of single-family homes. HOA fees may also go by the term “common charges” or “maintenance charges.”

Typically, an HOA violation letter will include information regarding the offense, a declaration stating the HOA laws or rules that were violated, a compliance date, suggestions on how to solve the problem, a fine amount, and a contact person for questions or concerns.