Am I required to agree to the terms of the HOA before closing on a new home?
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Am I required to agree to the terms of the HOA before closing on a new home?
I am closing on a new home but do not want to agree to all of the terms of the hoa’s guidelines. Can I refuse to sign but still close on the home?
Asked on April 5, 2012 under Real Estate Law, Tennessee
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You must agree to the HOA guidelines. You can always try to amend later but if this is concerning a substantive provision in the bylaws, you have no legal right at the moment to put this to a vote or change it. Simply put, HOAs are like mini-companies and every bylaw or policy change has to be put to a vote. There are notice requirements and voting requirements. If you feel a provision is illegal, bring that up to your broker and see if that issue can be explored during the negotiation process but simply not agreeing to the terms of the HOA is not going to render any provision inapplicable to you.
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