A viewer from Europe asked a question that a lot of American homebuyers wish they had asked sooner: can you move into a neighborhood and simply decide not to be part of the homeowners association? YouTuber Tom Powell Jr answered it straight, and he did not sugarcoat it. His answer is that membership is mandatory, and he says he would never live under one.
He lays out how it works, what it costs and why he walked away from the idea when he and his wife were house hunting.
It Started With A Man Swinging A Baseball Bat At A Tree
Powell says the question came after he showed a video of a member of an HOA beating somebody’s tree with a baseball bat because the tree had not been approved by the association. Whether that clip was a skit or the real thing, he says, it still highlights a problem that exists with HOAs overall.
Then he turned to the viewer’s question, which asked whether you can move in and just decide not to be part of the HOA, or whether membership is required.
“If You Move Into That Neighborhood, It’s Mandatory”
His answer: if there is an HOA in the neighborhood, you are part of it. He stresses that it depends on the neighborhood, not the town, so two streets in the same town can have very different rules.
He uses his own street as an example. He lives in a neighborhood called Fair Haven, which he says does not even have entry signs, and there is no HOA of any kind. The only rules he has to follow are the ones set by the village where he lives.
Before they bought, he says, they looked at a couple of homes in HOA communities. His summary of life there: “You pay your HOA dues every month and you follow the HOA rules.”
You Can Fight Back, But It Takes A Crowd
Powell says being a member does give you some power. You can gather other homeowners who dislike what the HOA is doing and push back. He says you could even rally enough people and enough votes to dissolve the HOA completely.
Another route is the board of directors. Every HOA has one, he says, so you can run for a seat and try to change things from the inside.
Why Some People Love The Rules
Powell does not claim everyone hates this setup. He says people who move into HOA communities tend to like that lifestyle, and he admits it is weird to say that they like being told what to do with their own property.
The appeal, in his view, is that every property stays well maintained. Nobody has odd colors on the house or strange landscaping, and nobody can dye a lawn purple. He says he understands and appreciates wanting a neighborhood to look nice.
A $150 Ticket For Long Grass
Then he describes the part that turned him off. Sometimes, he says, you have had a rough week and a half or two weeks and could not get to the lawn. Then someone from the HOA walks onto your grass with a ruler, measures it, and writes you a $150 ticket.
His conclusion: “I could never in a million years be on a live in an HOA.” He says they considered it, but looking back, he would never do it.
Unpaid Tickets Can Turn Into Liens
He also warns about what happens if you ignore the tickets. Powell says an HOA could put liens against your house if you refuse to pay.
He closes with a flat recommendation: he would highly recommend against moving into a community with a homeowners association.
What To Check Before You Buy In An HOA Neighborhood
Not every HOA is the same, and many are run by reasonable neighbors who simply want curb appeal and working common areas. Still, the biggest mistakes happen when buyers discover the rules after closing. A few steps can keep you from being surprised.
First, find out whether the home is in an HOA at all. Ask your agent and read the listing. The association’s dues are usually disclosed, and the fee is often a line item on the monthly cost of owning the home. Add it to your budget along with the mortgage, taxes and insurance.
Second, ask for the governing documents before you sign. These typically include the covenants and rules that spell out what you can and cannot do with paint colors, fences, sheds, parking, rentals and landscaping. Read the lawn and exterior sections closely.
Third, ask how the fines work. How much is a typical violation, how much warning do owners get, and is there a way to appeal? A $150 ticket is a big difference from a gentle reminder letter.
Fourth, ask about the association’s finances. Find out how much the dues cover, whether the group has a reserve fund for big repairs and whether special assessments, which are extra charges to owners, have been needed in the past.
Fifth, check how liens and unpaid fees are handled where you live. Rules on what an association can do about unpaid charges differ by state, so a local real estate attorney can explain what applies.
The Bottom Line
Powell’s answer to the viewer is short: if the neighborhood has an HOA, you are in it. What you pay, how strict the rules are and how easy it is to change them is where HOAs differ, and that is where buyers should do their homework.
Some homeowners want the polished streets and the peace of mind that come with firm rules. Others, like Powell, would rather live with only the rules the village sets. Knowing which one you are, before you fall in love with a house, is the best advice in this video.
Leave a Reply