How does an “optional” HOA work?

We purchased a foreclosure at auction on the county courthouse steps. I have learned there is an optional HOA, though I haven’t been contacted by them. We do not wish to participate, nor to be restricted by their rules, if possible. How do I find out more about the HOA (they have no website or information posted and I would rather not make inquiries of neighbors if it can be avoided) and does their ability to impose restrictions on our property survive the foreclosure if I do not opt-in?

Asked on July 15, 2010 under Real Estate Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Optional usually means what it says - optional.  This Homeowners Association may have been established for the benefit of those that wish to use the facilities of the area, such as pools, tennis court, etc.  So membership is optional because if you do not want to use the facilities you do not have to join.  Check with the county and see if the HOA has files anything such as their charter or rules or that state agency that regulates them.  I am surprised that if you google them nothing comes up as many forums just love to blog about these things.  You can also run their name in the Court databases to see what pops up.  You never know. Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.