Legal Question in Constitutional Law in Michigan

Re: Homeowner Association

This will be a matter of contract between yourself and the association. Consult a real estate attorney to have the contract interpreted. It may be a matter for arbitration, so make sure you know your rights before attempting to do anything.

Re: Homeowner Association

This question really should have been rejected because it belongs under real estate law rather than constitutional law. I cannot reject it now that another attorney has responded, so I will offer the best response I can. You might want to re-post it is a property question to see if any other attorneys have more encouraging opinions than mine.

There likely isn't much you can do to leave your HOA. The obligation to pay the HOA is attached to the house and not to you; this is why you became obligated to pay when you bought the house and why the next owner will have to make these payments after you leave.

Allowing members of an HOA to opt out would harm the interests of other members, who would either have to make up the shortfall or adjust to receiving fewer services from the association -- even after the house is later transferred to a new owner.

Even bankruptcy is unlikely to help you here, since the HOA surely has a lien against the house and can execute upon it if you don't pay. And even if you could get some relief through bankruptcy, all this would do would discharge some or all of your overdue payments -- it would not let you out of the HOA and would not alter your obligation to continue making payments in the future.

If you can show the HOA that your current problems are temporary, it might agree to reduce your payments for a time and have you make them up later. It is under no obligation to do so, and most HOAs would only consider such an arrangement if they could be certain you would be able to get caught up within a short time.

The bottom line is that selling the house is probably the only way you can leave the HOA.