Can A New Resident Setup An HOA?

WHAT WE FOUND:

A homeowners association, also known as an HOA, is usually formed by the developer before they sell the first lot. The HOA establishes a set of restrictions that governs the use of the property and usually collects dues to maintain amenities in the neighborhood. 

"If they have an HOA, then there is convenience and bylaws and guidelines that the community has to follow, and it's either mandatory or voluntary," Hoffman said. 

So can a new resident start their own HOA for their neighborhood? 

"The answer is yes," Hunter said. 

Hunter tells WCNC that even though they can start an HOA, the rules are very different.

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"I couldn't force anyone to join it would be purely voluntary, and the rules would be only enforceable by those who agreed to join and abide by those rules," Hunter said. 

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Hunter explains people can start another HOA for their neighborhood, even if they are already in one. However, you can't opt out of your original HOA by forming your own, and you can't dictate what neighbors can do with their property. 

"What we cannot do is impose restrictions on anyone else and how they use their real estate," Hunter said. 

According to Hunter, people usually form these voluntary HOAs for a neighborhood crime watch, social events, and communication within the community.