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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 29094
Experience:  30 years of real estate practice experience.
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We recently purchased a property, a horse property (as advertised)

Customer Question

We recently purchased a property, a horse property (as advertised) for our family and two horses. We were advised there was a self managed HOA but no HOA information was given to us at closing, other than the fees being paid etc, it was a one page statement. Last week the HOA knocked on the door to tell us we needed their permission to put up a fence (the fencers had just started to fence in the 1/2 acre pasture for the horses. I apologized and said I was not aware we need their permission for the fence. He then asked if we had received all the HOA guidelines, to which I said no. He then emailed them to me that day. He also commented that he did not realize this was a horse property. I laughed and said I hope it is as that's why we purchased the property. I checked with the local City and they confirmed it was. We have 1.3 acres of land. Today the HOA emailed me to tell me that the HOA covenants say that our property cannot have a horse and they voted not to amend this...... I am speechless, what can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Before I answer a bit more detail would be helpful please.
Before you closed were you provided the Association documents, such as bylaws and minutes, etc.
Did you get title insurance? Were the covenants and declaration listed in the title report?
Did you have an attorney for your purchase?
Thank you.
Loren
Customer: replied 1 year ago.
We received the last minutes of a previous meeting and a statement saying the dues were up to date, but we did not receive any Association Documents, this is what the HOA emailed me last week.The Title Company handled the closing. We did not have a lawyer as the sale was straightforward, the house was empty and it was an Owner Carry for Finance.What is Title Insurance?
Customer: replied 1 year ago.
Sorry you asked about the Title Report. I have all the title documents here but do not see one called a report? Could it be called anything different?
Expert:  Loren replied 1 year ago.
It would be called a commitment for title insurance. Did the seller warrant to you in writing that the property was suitable for keeping horses?
Customer: replied 1 year ago.
Nothing in writing from the seller about the horses, but all advertising stated it was a horse property. We confirmed with our agent when we made the offer that it was a horse property and he checked and advised it was. As mentioned, the City stated in writing to me that horses are allowed on our property based on acreage and gave me the breakdown of acres needed per horse and the fencing requirements etc.
Customer: replied 1 year ago.
I have the following documents; Transfer Declaration, Special Warranty Deed, Closing Statement, Taxes/Water/HOA Agreement, Parcel Search, Tax Search, Closing Instructions, Affadavit and Indemnity, Indemnity Agreement, Bill of Sale
Expert:  Loren replied 1 year ago.
Thank you for the additional information.
If no written warranty was given and you do not have a title insurance owner's policy which did not except the covenants then your only recourse may be a malpractice action against your real estate agent who misrepresented the property or did not do sufficient due diligence.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Loren
Expert:  Loren replied 1 year ago.
If you have no further questions please remember to rate my service to you.

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