For many California homeowners, living in a community with a Homeowners Association (HOA) comes with both perks and frustrations. From maintaining curb appeal to enforcing neighborhood rules, HOAs can have a significant impact on your daily life—and your wallet.
If you’re wondering whether you can opt out of your HOA, the short answer is no—at least not in the way most people hope. Once you purchase a property governed by an HOA, you’re automatically bound by its rules and dues through a set of legal documents called CC&Rs (Covenants, Conditions & Restrictions). But that doesn’t mean you’re without options.
In this article, the real estate attorneys at Stone & Sallus break down what’s possible, what’s not, and the legal strategies you can use if you’re unhappy with your HOA’s oversight or fees.
Can You Legally Opt Out of an HOA in California?
In most cases, no—you cannot simply opt out of an HOA if your property is located within one. When you purchase a home governed by an HOA, you automatically become a member. This isn’t optional. That’s because the community’s Covenants, Conditions, and Restrictions (CC&Rs) are legally binding documents recorded with the county. These rules “run with the land,” which means they apply to current and future owners.
Whether you actively participate in HOA meetings or not, you’re still subject to the same rules and dues as every other homeowner in the association.
Are There Any Exceptions?
There are very limited scenarios where opting out of an HOA might be legally possible:
- Your property predates the HOA: If the HOA was created after you purchased your home and never gained majority approval from owners, you may not be bound.
- Invalid formation: If the HOA was not properly established or fails to comply with state regulations (like the Davis-Stirling Act), it might be challenged in court.
- You’re not part of the HOA’s jurisdiction: Some properties near HOA-governed areas appear to be members but aren’t actually within the boundaries.
These are uncommon situations and should be reviewed carefully by a real estate attorney.
What Happens If You Stop Paying Dues or Following Rules?
Attempting to “opt out” by ignoring the HOA doesn’t end well. California law gives HOAs the power to enforce dues, fines, and penalties. If you fail to pay, the HOA can:
- Impose late fees and interest
- Record a lien against your property
- Initiate foreclosure proceedings to collect unpaid assessments
Additionally, non-compliance with HOA rules can lead to enforcement actions, fines, and legal disputes. The Davis-Stirling Common Interest Development Act outlines these powers in detail and heavily favors HOA enforcement.
Can You Get Out by Selling Your Property?
Yes—selling your home is the most straightforward way to exit an HOA. However, California law requires that you disclose your HOA membership, CC&Rs, and any ongoing disputes or violations to prospective buyers.
Keep in mind:
- Your property remains under the HOA’s control for the next owner.
- You must ensure all assessments are paid before closing.
- Buyers often request copies of bylaws, budgets, and meeting minutes.
Are There Alternatives to Opting Out?
While you can’t simply withdraw from an HOA, that doesn’t mean you’re stuck with rules you disagree with or fees you believe are excessive. California law gives homeowners within an HOA some power—especially when they’re willing to get involved. Here are a few proactive alternatives to consider:
Run for a Position on the HOA Board
One of the most effective ways to influence your community’s rules and budget is by serving on the board of directors. Board members are typically elected by fellow homeowners and are responsible for decisions regarding dues, maintenance, and enforcement. By gaining a seat at the table, you can:
- Propose rule changes or improvements to outdated policies
- Advocate for fair enforcement and greater transparency
- Challenge unnecessary spending or fee increases
Even if you don’t win a seat, attending board meetings and voicing your concerns during public comment can still make an impact.
Petition to Amend the CC&Rs or Bylaws
Most HOA governing documents allow homeowners to initiate changes through a formal amendment process. This typically requires a written petition signed by a set percentage of homeowners (often 25%) to place a proposed change on the ballot. From there, it may require a majority or supermajority vote (e.g., 67%) to pass.
You can use this process to push for:
- Reduction or removal of certain restrictions
- Lower HOA fees or revised spending priorities
- Limitations on board powers or term limits
Getting neighbors on board takes time and effort, but it’s one of the few legal ways to change how your HOA operates.
Mediate or Challenge Specific Issues
If you’re dealing with a specific problem—like a fine you believe is unjust, selective rule enforcement, or a violation of California’s Davis-Stirling Act—you may be able to resolve it without leaving the HOA.
Options include:
- Mediation: Many disputes can be resolved through a neutral third party before resorting to litigation.
- Demand letter or legal counsel: A lawyer can review your HOA’s actions and help you push back against unlawful or unreasonable practices.
- Department of Fair Employment and Housing (DFEH): In some cases, you may also file a complaint for discriminatory or retaliatory practices.
While you can’t “leave” the HOA, you can work to make it more reasonable.
How to Dissolve an HOA in California
Dissolving an HOA is legally possible—but far from easy. It requires time, coordination, and legal precision. Here’s how it works:
- Secure a supermajority vote: Most CC&Rs require a 67% or higher homeowner approval to dissolve the association.
- Settle all obligations: All debts, contracts, and ongoing legal issues must be resolved.
- File legal paperwork: This includes Articles of Dissolution with the California Secretary of State and notices to county officials.
- Terminate or amend CC&Rs: These must be legally removed or revised to reflect the end of the HOA.
- Disband management and transfer responsibilities: Public areas, such as roads or common spaces, must be assigned to local government or private parties.
It’s a complex process that often faces opposition. Even if a majority supports dissolution, practical and legal hurdles can prevent it. Legal guidance is strongly advised.
Legal Support for HOA Disputes
Whether you’re facing unreasonable fines, board misconduct, or unclear CC&Rs, it’s important to know that you have legal rights. At Stone & Sallus, our real estate attorneys help California homeowners:
- Review and challenge HOA rules and penalties
- Resolve disputes with HOA boards
- Understand CC&R enforcement
- Explore legal avenues to dissolve or amend HOA governance
We can also advise you before purchasing a home to ensure you’re fully aware of the HOA’s impact.
If you already live in an HOA, opting out isn’t likely. But that doesn’t mean you’re powerless. From joining the board to seeking legal remedies, there are ways to protect your interests and restore fairness in your community. If you’re buying a home, take time to read the CC&Rs, fee schedules, and HOA bylaws. Know what you’re committing to before you sign.
Need help dealing with your HOA? The experienced real estate attorneys at Stone & Sallus are here to protect your property rights. Contact us today for a consultation and get the clarity you need to move forward with confidence.
