QUESTION

Am I obligated to join?

Asked on May 18th, 2023 on Corporate Law - Michigan
More details to this question:
I purchaseda home on 9-3-2021 in a neighborhood with a HOA in a period in which the HOA had been dissolved since 10-1-2014 with the state. Now neighborhood has reinstated the HOA a few months (12-2-2021) after I have closed on property. Am I obligated to be in the new HOA or can I opt out.
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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the fact the HOA was not legally conducting business will not allow you to opt out. the HOA, was legally operating and your deed almost certainly references the HOA part of the sale. now that it is back operating again, you are bound by the HOA. While it was not legally operating, you could have escrowed your fees as the HOA was not legally operating. Now it is. Probably not the answer you were looking for but it is the answer.
Answered on May 20th, 2023 at 9:23 AM

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