When Does an HOA get Removed from a Neighborhood?

By
Real Estate Broker/Owner with House to Home, Inc. - Denver Real Estate - 720-231-6373 DRE# ER40011786

 

 

HOA - how long do they reside in a community?I was helping a potential buyer trying to decide what community they wanted to live and the question was posed - "If a community has an HOA, does it stop in 20 years, or when does the HOA stop making rules for those homeowners?"     

 

GOOD QUESTION, and one I did not have an immediate answer for.  I found out they are permanently in place.

 

However, there is no blanket answer for all questions either, as it differs with every HOA and will spell it out in the governing documents.     You will find this information in the Declarations which is usually written by the builders or developers per development.     In these declarations, it will also state how to modify or resolve any HOA issues.  The declarations is the Bible and prevail over bylaws or regulations.  The rules and regs will spell out what you can and cannot do in your neighborhood.

 

However, this is not as easy as it sounds.    It will spell out the exact procedure to follow, but will take a 2/3 supermajority to change anything in the declarations.   

 

In a detached housing community, the HOA is responsible for the grounds maintenance of entries and common areas, perimeter fencing, and trash collection.     In a multi-family complex (condos & townhomes) there are other items to include - pools, tennis courts, exterior building and roofing, insurance, water/sewer, snow removal, trash and grounds maintenance. 

 

Unless there is severe action taken by homeowners in a detached home community, you most likely will have a governing body (HOA) in a community permanently.    

 

 

Posted by

Joan Cox
Broker/Owner, REALTOR®
House to Home, Inc.

Serving the Denver Metro area including all suburbs


Helping Buyers and Sellers achieve their real estate dreams, one house at a time!

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Comments (44)

Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Paul, I had not really thought about it, until someone brought it up.

Jan 29, 2022 03:19 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Brian, I agree.

Jan 29, 2022 03:19 PM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Jan 29, 2022 06:20 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Joan. Once recorded and in place, it is there forever unless the documents provide otherwise. Never seen an HOA where all the members agree on things. So, read the documents and decide. Most do not. Enjoy your day.

Jan 30, 2022 05:26 AM
Ed Silva
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

In our area HOA's are limited to condos with the exception of a few planed communities in the surrounding towns.  Once in, they are there for ever

Jan 30, 2022 06:32 AM
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker/REALTOR® - Kalispell, MT
Helping your Montana dreams take root

I've seen the verbiage that provides an out for HOAs but you're totally correct, a majority and in some cases a very high percent (sometimes ALL) of homeowners must agree.

Jan 30, 2022 06:35 AM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Joan Cox ,

Good topic....I've never heard of an HOA dissolving an HOA in a community. Many do such a great job as they have a budge for landscaping, pool maintenance, tennis court keep up. It all takes money and planning to take care of these things to keep amenities in good shape and keep the property values moving upward. 

Jan 30, 2022 07:17 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kathy Streib that is a nice surprise, thank you for adding my post to your Sunday list.

Jan 30, 2022 07:39 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Wayne, they can be difficult to work with depending who sits on the Board.

Jan 30, 2022 07:39 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Ed, interesting your newer single-family homes are not.

Jan 30, 2022 07:40 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kat, they usually are there forever.

Jan 30, 2022 07:40 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Dorie, for the most part, they maintain the value of a neighborhood.

Jan 30, 2022 07:42 AM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Joan Cox  A strong HOA makes for a strong community and I believe a desirable place to live 

Jan 30, 2022 08:08 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Hannah Williams I think so also.  Will never forget a home I never could sell, because the neighbor had his house paint fuscia.   He REFUSED to repaint too.

Jan 30, 2022 08:12 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Carolina Life RealEstate & Relocation 919-602-8489

Joan, we have quite a few HOA communities. Sometimes I find where there isn't an HOA. You can't assume there aren't any covenants and restrictions just because there isn't an association. Also, I've seen where the C&R have expired. That's not to say a community couldn't add covenants and restrictions or an HOA at a later date. We're also noticing a lot of HOAs changing rules because of the Airbnbs. Those weren't even a thing when many of our communities were built.

Jan 30, 2022 10:49 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Carla Freund we have seen many HOAs add restrictions for short-term rentals lately!   

Jan 30, 2022 11:17 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Hi Joan:

It's a great question. There's clearly a lot buyers need to investigate when deciding about living in an HOA community, especially the budget/finances and rules and regulations. I have heard of a few here where the property management company was not doing their job and was removed - no doubt it was a complex legal process.

Jeff

Jan 30, 2022 02:34 PM
Dorte Engel
RE/MAX Leading Edge - Bowie, MD
ABC - Annapolis, Bowie, Crofton & rest of Maryland

Dear Joan,

Forever sounds like a long time, but probably long enough where most of us or our buyers will not personally have to worry about it.

Jan 30, 2022 05:59 PM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Jeff, we see that around here too.   Buyers need to do their homework for sure.

Feb 01, 2022 08:16 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Dorte, or everyone just gets used to having an HOA.

Feb 01, 2022 08:16 AM