Can You Be Part Of an HOA, Even If You Didn't Know It?
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Images courtesy @iamprovolone / TikTok

Texas man had only one requirement before buying a house: no HOA. Then came the fines: ‘Definitely some deception’

When you agree to terms you didn’t know about.

As much as people need Homeowners Associations, many home buyers hate them. So, one Texas resident, Nick, had a simple requirement when he was looking for a home. No HOA. Then, just months after he purchased, he ended up with a stressful legal and financial headache when he learned that his property was part of an HOA after all. His recent Instagram and TikTok posts about his frustration at being misled have now gained over 5.4 million views.

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Nick claimed that his search ended in Austin last year. In his video, he explained, “I bought a house last year, and the one thing I really wanted was no HOA.” His motivation was practical. He told his viewers that he often travels for work to assist with disaster relief. As a result, he wanted the flexibility to list his home on Airbnb for extended periods while he is away on jobs.

When he found the property he eventually purchased, he took precautions. “The seller’s disclosure said no HOA,” Nick claimed. He even went a step further, alleging, “We talked to the listing agent specifically, asked them if it’s part of an HOA. They asked the seller. They said, no, there’s no HOA. We said, done deal. Here’s the down payment. Give me the keys.” Then, a couple of months later, he got a letter from the HOA addressed to the previous owner.

Sudden new rules

In his post, Nick only provides his view of the events. He claimed that he was unaware of the HOA and that the seller misled him. There is no way to verify his statements. He alleged, “So I called up the HOA, and they said they had no record that the house was even sold. I was like, that’s funny. I actually own it now. But I guess there’s some, like, transfer fees that they have to be paid.”

Per the Keller Firm, HOAs are private organizations that regulate residential communities. They do so through governing documents like declarations of covenants, conditions, and restrictions (CC&Rs). In Texas, these entities are regulated by the Texas Property Code Chapter 209. The firm notes that a seller and agent are required to disclose an HOA during the buying process. Membership becomes automatic upon purchase if the home is in a mandatory community.

@iamprovolone

I would not have purchased this property if I knew it was part of an HOA. What do you think I should do? #HOA#defundtheHOA#lawsuit

♬ original sound – Nick

Nick alleged, “I’m supposed to be given HOA documents before I move into the house. I was never given those documents.” When he reached out to his real estate agent, he was directed to the title company, which he was told handles those details. However, the title company also claimed they had no idea the house was part of an HOA.

When Nick finally received the HOA documents, he discovered a list of rules he never agreed to. One of the most pressing issues involves his utility trailer, which he keeps in his driveway. Nick argued that it is not even a travel trailer, yet he is being fined monthly. 

He cited the document he received, saying, “Article 3.14. Vehicles. No mobile home shall be parked or placed in any lot or used in residence, or either temporary or permanent at any time. And no motor vehicles, travel trailers or recreational vehicles shall be parked in or near any lot that’s visible to adjoining properties.”

Nick claimed, “The sellers have fled the country, and they live in some different time zone.” He claimed he is now being held responsible for fees and violations for a contract he feels he never signed. “I’ve not signed anything agreeing to anything with the HOA, but somehow everything’s now addressed to me and in my name,” he said.

The community came through with advice. On Instagram, users suggested he might have legal recourse against the realtor, the title company, and even the sellers for fraud or failure to disclose. One commenter cautioned, “Definitely need to hire a lawyer. As much as we all clown hoa’s, they can legit foreclose on your house if you don’t pay the fees. Definitely some deception going on.” 

TikTok echoed the need for legal help. One user who identified as a former real estate appraiser advised, “You need to talk to a real estate attorney. They will be able to look at the documents your title company found and tell you if you are actually in the HOA.”

The Keller Firm emphasizes that once a sale is final, the buyer is legally bound by the HOA’s rules, even silly ones around Halloween, and their fee structure. So, they advise potential buyers to review resale certificates and CC&Rs carefully before closing. 

Since he is already an owner, Nick stated, “So now I don’t know what to do. I guess I just kinda have to pay all these fees that I didn’t know existed.”


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Jaymie Vaz
Jaymie Vaz is a freelance writer who likes to use words to explore all the things that fascinate her. You can usually find her doing unnecessarily deep dives into games, movies, or fantasy/Sci-fi novels. Or having rousing debates about how political and technological developments are causing cultural shifts around the world.