Can I opt out of HOA if newer homes built in an older community are not required to be apart of the HOA?

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Can I opt out of HOA if newer homes built in an older community are not required to be apart of the HOA?

Our HOA is deed restricted, I have lived here for 15 years. They only pay for the pool and upkeep of pool grounds. Newer houses built in this old community are not required to pay HOA fees.  If they do not pay, they cannot use the facilities.  If they pay however, they can use them. I do not have this choice. Can I opt of paying since they can? I never use the facilities and don’t feel it is fair that I have to pay but the newer homes built do not.

Asked on February 7, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Choice has nothing to do with it. An HOA agreement--e.g. the terms and conditions under which you have to contribute--is essentially a contract. Therefore, you are bound by its terms. If you were given the option to contribute or not, you could exercise that option; but if you own your home subject to a deed, HOA agreement, or other document which requires you to pay, then you must pay; you do not have the right to not pay as required by the operative terms and conditions applicable to your home. So yes, it probably is not fair; but HOAs and their kin (e.g. condo associations) are notoriously unfair. Unless they are discrimianting against you on protected grounds (e.g. because of your race, religion, age over 40, sex, disability) or violating the terms of their agreement, etc., there's probably nothing you can do.


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