The simple answer is that the right to opt out was given up by the first buyer and he cannot transfer it to you if he no longer has it.
The same is true for easement and other agreements that are written into the deed; the previous owners gave them up for unknown concessions and he can only sell whatever rights he has left. You can accept the whole deed or none of it, not just the part you want.
It’s actually pretty simple… if you love the house and want to buy it, you have to join the HOA. If you don’t join the HOA, you can’t buy the house. Sounds like I’m being a smartass but I’m really not. This is the way it works. It gets really fun when you find out that by not complying with the HOA, they can put a lien on your house and actually take it from you. Fuckers should be wearing swastika armbands.
I pay approximately $80 a month which includes multiple playgrounds, community pools, and community landscaping. I am happy to pay this as it keeps my property values up and holds my neighbors to standards to take care of their landscaping. If I lived on 20 acres I probably wouldn’t care, but living in a pretty close community it’s a nice thing to have.
A common theme in all the anti HOA threads is that when you are house hunting and you find a place that (due to HOA) looks cared for, no yard cars, things kept in general repair, no crowing roosters etc, and you think “this is nice, I’d like to live here”. And then you move in and immediately want to do those things that aren’t allowed (that keeps the aesthetic that drew you in in the first place) and complain about the HOA. If I have to live in suburbia I don’t want the crazy neighbor that brings the neighborhood value down and my HOA dues sort of filter those owners out. There are a lot of non HOA areas where I live however, so the choice is up to the buyer. The only way I’d live in a non HOA hood is if I was going to buy a few acres so I could have a buffer.
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