how to kmow if you are in a hoa (Venice: real estate, attorneys)

[CLAIRE923]

I purchases a home that has some properties that are not in the hoa.It has come to my attention that my deed does not mention the hoa only?most others do.Does this mean I am not part of the hoa?aany info would be appreciate! Thakns

[TamRE]

Are you saying that you already purchased the home? If so, then you would have signed a homeowner association disclosure when you purchased the home and you would have received a copy of the homeowner association rules and regulations if your home was in fact part of a homeowner association.

[annken727]

If you purchased the home you would know. As tamre stated you would have signed the hoa forms. I do know some places like in Venice that offer optional hoas. It gives you access to a ferry to go the beach. It may be the same situation you are in where it is optional.

[bbronston]

claire923, I'd change the above comments from "would" to "should" as in you should have been given a disclosure. It is a requirement by law but that does not mean that the seller was honest and that the listing agent (if there was one) was aware of it. Sinc you apparently know someone who is part of the HOA, I think the easiest thing to do is to ask that person who they contact regarding HOA matters, and then to contact that company or manager for specific information. It is probably fine but you should find out for sure.

[loves2read]

and don't understand how a home can have "some properties"
a home has a lot--it might be large or small...
some homeowners might have bought the lot beside/behind theirs as investment or to keep someone from building next to them
sometimes you pay to have that extra lot included with your home/lot...

[Petunka]

Originally Posted by CLAIRE923

I purchases a home that has some properties that are not in the hoa.It has come to my attention that my deed does not mention the hoa only?most others do.Does this mean I am not part of the hoa?aany info would be appreciate! Thakns

No, it does not. My Deed does not mention mandatory membership in our HOA either, it only describes the lot number .. subject to restrictions of record. That may be how your attorney did it. What you have to do is to get a Subdivision Plat and get a copy of your Covenants. Most likely you are in the HOA development but your membership in the HOA may not be mandatory.

[Sunshine Rules]

There is some confusion about the Homeowner's Association/Community Disclosure form that should be a part of a purchase contract if the property is located within a mandatory HOA.

This particular disclosure informs the buyer that as a buyer of the property they will be obligated to be a member of a HOA, that there are recorded restrictive covenants governing the use of properties in the community, that they will be obligated to pay assessments to the association, that failure to pay assessments may result in a lien on the property. It also states the buyer should refer to the covenants and the association governing documents before purchasing the property, these documents are matters of public record and can be obtained from the county record office or developer if not yet recorded. The disclosure does NOT require the seller to provide a copy of the governing documents to the buyer. It is the buyer's responsibility to obtain the documents unless the parties agree otherwise.



There are communities with recorded deed restrictions that may either have a voluntary HOA or no HOA rather than a mandatory HOA, which this disclosure refers to.

Sometimes communities will have originally been deed restricted but the recorded documents had a specific expiration date (sometimes 25 years) for the association unless a certain percentage of the lot owners vote to renew the deed restrictions (Colonial Oaks did that a few years ago). Sometimes communities have voluntary civic associations that they call HOAs but there are not recorded deed restrictions. So it can be confusing.

Sometimes communities are broken down into a number of units (originally done by the developer) and perhaps the first couple of units were not part of a HOA but the developer later added a HOA requirement to later units of the development. (?)

FL HOAs are governed by FL statutes under Chapter 720.


If you are in doubt as to whether your property is under the jurisdiction of a HOA, you would have received a title policy at closing and your closing agent's office may be the place to ask for interpretation regarding whether you have to belong to a HOA or not. Or consult a local real estate attorney in the county in which the property is located.


By the way, most real estate attorneys and some title companies will pull up and either email you or print for you the deed restrictions and covenants of a property you are buying if you request them before closing, as not all home sellers have copies of the documents and sometimes if they do have them they do not have revisions or amendments that were added later on.

[hot_in_dc]

I don't intend to hijack this thread. How can I be certain to avoid purchasing a home that is part of a HOA or has any type of covenant of restrictions? Is it just common place in most new subdivisions? I have had terrible experiences with HOAs and I don't want to deal with that again.

[coastal chic]

Most "subdivisions" will have a HOA. Gated communities will have them 99% of the time, and usually strict ones too. Older established neighborhoods may, or may not. Your Realtor will be able to advise you. Most of the listings will say whether there is or not.

[Petunka]

Originally Posted by hot_in_dc

I don't intend to hijack this thread. How can I be certain to avoid purchasing a home that is part of a HOA or has any type of covenant of restrictions? Is it just common place in most new subdivisions? I have had terrible experiences with HOAs and I don't want to deal with that again.

Just ask if you are obligated to pay any maintenance fees to the Association. If the answer is 'yes' then it is a mandatory HOA. In many ways I do not blame you for not wanting to live there. But, again there are differences. Some HOAs have tons of restrictions and some are more relaxed. All new subdivisions will most likely be more restrictive. Many Covenants written by the Developer (particularly years ago) are not easy to read and understand. Plus, these are usually outdated and do not comply with Florida HOA and other applicable laws. I would start with reading the Covenants 'Use of Property'. That article alone should give you an idea what you could be faced with. But it is in your best interest to read and understand all articles well.
As an alternative, you can buy a house in HOA where the membership is not mandatory (no fees) but it will most likely be an older house.

In any planned development you will have some restrictions. For instance, you may not be able to raise chickens in your back yard, etc.