The Real Definition Behind “No HOA”

Many buyers are drawn to properties without Homeowners Associations (HOAs), assuming they have no restrictions. However, this can lead to surprises during closing. As a closing attorney, I always ask clients about potential restrictions because the absence of an HOA doesn't mean “completely unrestricted” property use.

In reality, most properties have restrictions imposed by developers or prior owners, covering aspects like house size or business operations. These restrictions cannot be discriminatory. Before making an offer, it's wise to review property restrictions, usually available through a real estate agent, to avoid surprises.

HOAs enforce restrictions, maintaining common areas and collecting dues. Without an HOA, owners must ensure compliance. Remember, the absence of an HOA doesn't mean unlimited freedom. Reviewing property restrictions before closing ensures alignment with planned activities and prevents surprises.

Moreover, it's crucial to understand that the absence of an HOA doesn't eliminate the need for adherence to local zoning laws and regulations. These regulations, imposed by governmental entities, can also impact property use and development. Therefore, buyers should consider both property restrictions and zoning regulations to ensure their plans align with legal requirements and avoid potential conflicts in the future.

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