Dissolving an HOA is a complex process that typically requires: A supermajority vote from homeowners. Legal documentation to formally disband the HOA. Settlement of any outstanding debts or obligations. Approval from local or state authorities, depending on the community's location.
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.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Legal Framework Governing HOAs in Massachusetts In Massachusetts, homeowners' associations (HOAs) are subject to a robust legal framework. This framework not only aligns with federal regulations but also includes state-specific laws designed to regulate the formation, management, and operation of these associations.
Consequences of Non-Compliance Fines and Penalties: HOAs have the authority to impose fines and penalties on homeowners who violate community rules. These fines can escalate over time if the violation persists, potentially leading to significant financial burdens for non-compliant homeowners.
As Kriegstein explains, “In order to enforce an HOA rule, the association must have the authority to do so, as outlined in its governing documents. This may include the ability to impose fines or penalties for noncompliance or to take legal action against homeowners who refuse to comply.”
Massachusetts Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
The rules found in the Massachusetts inium Act include mandatory provisions that must be included in the bylaws, interests in common areas of the inium, and expenses incurred by the unit owners' association. The provisions also explain the fundamental attributes of a inium.
Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, iniums, and other residential properties in the state of Massachusetts.