How do I know if I live in or am buying into an HOA?
Reviewed by the OurHOA team · Updated June 2026
How to find out whether a home is part of a homeowners association before or after you buy, where the binding documents are recorded, the difference between mandatory and voluntary HOAs, and what to request to be sure.
The binding answer is in the county land records
Whether a property is part of a mandatory HOA is not a matter of opinion or a sign at the entrance - it's determined by a recorded Declaration of Covenants, Conditions, and Restrictions (the CC&Rs) filed in the county land records against your property. If a declaration covering your lot was recorded, it 'runs with the land,' which means it binds whoever owns the home, automatically, whether or not anyone ever handed you a copy. So the most reliable way to know is to check the recorded documents tied to your address at the county recorder or clerk's office, or to read the legal description and exceptions on your deed and title paperwork, which typically reference the declaration if one exists.
Before you buy: where it shows up
If you're under contract or shopping, several documents will reveal an HOA. The title commitment (Schedule B) lists recorded covenants and easements affecting the property - an HOA declaration shows up there. The seller's disclosures and, in many states, a required resale or HOA disclosure package will name the association, its dues, rules, and financial condition. The MLS listing usually states an HOA fee if there is one. And your lender and escrow officer will flag association dues because they affect your closing and monthly costs. If any of these mention covenants, an association, assessments, or a management company, you're buying into an HOA - our guide on the HOA resale disclosure package covers exactly what you're entitled to receive and review before closing.
After you've moved in: signs and how to confirm
If you already own and aren't sure, look for the practical signs: a bill or coupon book for dues, letters from a management company, architectural-approval requirements, shared amenities like a pool or clubhouse, or community rules you were asked to follow. To confirm for certain, pull your closing packet (the declaration is often included), search the county recorder for covenants on your parcel, or ask a title company. Our guide on how to find your HOA's CC&Rs and rules walks through requesting the actual governing documents once you know an association exists, and the guide on what an HOA is and how it works explains how it's governed and funded.
Mandatory vs. voluntary associations
Not every neighborhood group is a mandatory HOA. A mandatory association is created by recorded covenants - membership and dues are automatic and enforceable, and the HOA can place a lien for unpaid assessments. A voluntary association (sometimes a 'civic' or 'neighborhood' association) has no recorded covenants binding your lot; joining and paying are optional, and it generally can't fine you or lien your home. The test is the same recorded declaration: if covenants run with your land, it's mandatory; if there's only a social club anyone can join or skip, it's voluntary. Our guide on whether you can refuse to join an HOA explains why you generally can't opt out of a mandatory association you bought into, and where the rare exceptions lie.
What to request if you're still unsure
If you want certainty, ask for these in writing: a copy of the recorded CC&Rs and any amendments, the current bylaws, the dues amount and what they cover, and the name and contact for the board or management company. A seller, listing agent, title company, or the county recorder can each point you to the recorded declaration. Don't rely on a verbal 'there's no HOA' - a recorded covenant binds the property even if the seller forgot about it, so confirm against the documents before you're committed.
How OurHOA helps
Part of why HOA membership can feel murky is that small, self-managed communities don't always keep their documents and dues information somewhere owners and prospective buyers can easily find them. OurHOA gives a self-managed association one organized place to store its governing documents, track assessments, and answer owner and buyer questions, so a homeowner can actually get a straight answer about what the community is and what it costs. OurHOA is software for keeping a community organized, not a law firm or title company; to confirm whether a specific property is bound by an HOA, check the recorded documents at the county and have your title company or an attorney verify it for your purchase.
OurHOA is the friendly, affordable way self-managed communities keep dues, records, and reminders in one place. See how it works.
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.