No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
A home can be foreclosed on for many kinds of debts, not just a mortgage. For example, Home Owner's Association (HOA) can foreclose in some cases for unpaid dues and assessments.
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
Make a formal application – Fill out the form, most HOAs have them available online. Your application should include all the details of your design. It is best to include site plan in your application, in this way you can better explain planned changes and you have better chances to be approved.
The only way to force an HOA to enforce the rules is file for arbitration against the HOA or gain support from neighbors and recall the board. There is no FL government sector that watches over HOAs.
Department of Real Estate and HOAs The DRE is a licensing and regulatory agency empowered to discipline real estate brokers and agents. The DRE is also involved in overseeing developers of common interest developments. Once a developer turns over control of an association to its members, DRE's oversight ends.