Annexation by HOA? What's the Law in VA? (Arlington, Fairfax: HOA fees, new house) - Northern Virginia - Virginia - City-Data Forum

Carlingtonian · 03-01-2013, 04:40 PM

My wife and I are halfheartedly looking for a new (to us) house, and there's one in Fairfax County that we absolutely love--but even though it was built in the early 20th Century, it appears to have been somehow annexed into an HOA around 1997, when some McMansions were built nearby. (We don't know if this was voluntary or if the County somehow forced the then-owner into joining.)

Anyone know how this can be legal? And in Virginia, is there a way to extricate a house from an HOA if it predates the HOA?

(We simply do not want to deal with an HOA; we've lived without one in Arlington for years now, and it's been great. Plus we don't want to pay those non-deductible HOA fees.)

Thanks for any info on this.

spleuchan · 03-01-2013, 04:52 PM

I'm thinking the answer is generally no. HOAs are like a gang: HOA 4 Life. You'd have to read the covenants, but I'd doubt they'd have a clause in their for an individual house to leave the HOA. I know in my HOA, 2/3rds of the households would need to vote to dissolve the HOA to disband it.

Carlingtonian · 03-01-2013, 04:54 PM

Quote:

Originally Posted by spleuchan

I'm thinking the answer is generally no. HOAs are like a gang: HOA 4 Life. You'd have to read the covenants, but I'd doubt they'd have a clause in their for an individual house to leave the HOA. I know in my HOA, 2/3rds of the households would need to vote to dissolve the HOA to disband it.

Thanks. What mystifies me is how this ever happened. Who would voluntarily sign up for this when they didn't have to?

Fern435 · 03-01-2013, 04:59 PM

If you and Mrs. Carlingtonian buy the home, perhaps you can take over the HOA and make it a better place. Or start an uprising!

Carlingtonian · 03-01-2013, 05:09 PM

Quote:

Originally Posted by Fern435

If you and Mrs. Carlingtonian buy the home, perhaps you can take over the HOA and make it a better place. Or start an uprising!

I have no desire to dictate the color of other people's shutters.

A great philosopher once said, "Men go crazy in congregations, but they only get better one by one."

spleuchan · 03-01-2013, 05:14 PM

Quote:

Originally Posted by Fern435

If you and Mrs. Carlingtonian buy the home, perhaps you can take over the HOA and make it a better place. Or start an uprising!

When I was a kid, one of my friend's mom didn't like their HOA, She became president and was able to convince enough people to disband it and did all the work involved to disband it. This however, is very rare, and I wouldn't count on being able to do this. I was a kid, so I don't know all the steps, but it was a lot of work.

Carlingtonian · 03-01-2013, 05:33 PM

Quote:

Originally Posted by Fern435

If you and Mrs. Carlingtonian buy the home, perhaps you can take over the HOA and make it a better place.

The more I think about it, the more tempting this is. I can think of so many sensible regulations:

All homes in CarlinCrestGlenHillsofTonian Estates must have at least one German Shepherd. Cats are banned--unless stuffed by a licensed taxidermist.

All drivers wishing to gain entry to the development must correctly answer a grammar question.

Trick-or-treaters will be required to do 2 minutes of standup comedy or a magic trick in exchange for candy. Wearers of unrecognizable costumes will be given bags of frozen peas.

The public wearing of bathrobes on weekend mornings is permitted and encouraged. The wearing of a Snuggie or ForeverLazy is grounds for expulsion.

Oldhag1 · 03-01-2013, 05:41 PM

Quote:

Originally Posted by Carlingtonian

Thanks. What mystifies me is how this ever happened. Who would voluntarily sign up for this when they didn't have to?

HOA's can help maintain property values, so perhaps that was their motivation.

spleuchan · 03-01-2013, 06:31 PM

Quote:

Originally Posted by Oldhag1

HOA's can help maintain property values, so perhaps that was their motivation.

If several new houses are built around you, I can see why you would want them to be part of a HOA, but joining in yourself wouldn't benefit you unless you wanted to be president and dictate your tastes on others.

Fern435 · 03-01-2013, 06:37 PM

Quote:

Originally Posted by Carlingtonian

The more I think about it, the more tempting this is. I can think of so many sensible regulations:

All homes in CarlinCrestGlenHillsofTonian Estates must have at least one German Shepherd. Cats are banned--unless stuffed by a licensed taxidermist.

All drivers wishing to gain entry to the development must correctly answer a grammar question.

Trick-or-treaters will be required to do 2 minutes of standup comedy or a magic trick in exchange for candy. Wearers of unrecognizable costumes will be given bags of frozen peas.

The public wearing of bathrobes on weekend mornings is permitted and encouraged. The wearing of a Snuggie or ForeverLazy is grounds for expulsion.

I was hoping you'd have rules like this! My family loves these ideas. Wish we had neighbors like you when we were living in NoVA.

You already know this, but....if you consider buying the home, find out if the people in charge are reasonable/respectful and residents are satisfied with the HOA rules. Some people will only give the positive spin in order to protect their neighborhood's image and property values. We understand completely why you don't want to buy in an HOA.