Any way to get out of paying my home owners dues?

Asked by Brooke McMillan, Dandridge, TN Fri Sep 26, 2008

I just purchased my first home in August. It was new construction in an uncompleted development. Once the development is completed, a Home Owners Association is to be formed. My fiance and I are doing OK on our budget right now, making our mortgage payments on time, but if they vote to collect dues every month/quarter/year, we may not be able to afford it. Is there any way to get out of having to pay these dues (if they vote to have them) since we got in the neighborhood before the HOA is formed? In the restrictions it does say that each lot counts as one vote, so we will have a vote, but what if we simply can't afford our home owners dues??

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IndyJo, , Dandridge, TN
Mon Mar 4, 2013
NOT NECESSARILY! HOA's don't hold up in court as well as they used to. Some of the people in the HOA's have gotten out of control. (Way out of control!) These people get control in the HOA and believe it is their own little fiefdom. Go online and search related case history in your county, state and if need be, federal rulings in favor of home owners. Check the Federal Annotated Statues in a law library. These findings are what you need to use against the HOA. UT has a Law Library that is free to the TN residents, located in Knoxville. Depending on your location the laws vary. In general TN has very strong property owner rights. Sometimes the HOA infringe on them and need to be slapped down. As a last resort find a friendly lawyer. I imagine you can find web sites with people having similar battles and are willing to share information. If nothing else you can keep your HOA in court long enough (years) for them to think twice about infringing on you pursuit of happiness. Finally and most importantly, PRAY and have FAITH. Good luck.
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What Were You…, Home Buyer, California
Wed Sep 16, 2009
yes, you will have to pay and those dues will go up from time to time. If you do not pay a lien will be placed on the house and they could force you to sell to get their money. You had to have known this when you signed the paperwork. If you cannot afford the dues you need to look for a part time job or rent a room out. The association will begin to sue after a few short months. This is a good lesson in looking before you leap.
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Scott Godzyk, Agent, Manchester, NH
Fri Sep 26, 2008
If you are in a home owners association you will be forced to do what they say, you would have had to sign agreeing to terms of the HOA when you closed. Now depending on what type of property is how much dues you should expect. If it is detached, is it a townhouse or connected to any other home or building. If so you can expect exterior insurance expense as well as a shared property tax assessment. If you are detached structure do you have your own lot or is it in common, do you do your own lawn care or snow removal? basically what ever the HOA does, you will eventually hav eto a pay for it or a portion of it.
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