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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33753
Experience:  15 years real estate, Realtor. Landlord 26 years
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I bought my home before there was a hoa i have been parking

Customer Question

i bought my home before there was a hoa i have been parking my work truck if front of my house for nine years. the hoa say it is a heavy commercial in the eyes of the city state and federal gov it is not. The hoa is now telling i can not park it here any more or they will fine me can they do this
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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When you purchased your home, were there recorded Covenants, Conditions and Restrictions for the neighborhood even if there was not a formal HOA established?

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If so, is there anything in the CCRs that states you can't park your truck out front?

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Do the Bylaws or CCRs define what is a "heavy commercial" truck?

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thanks

Barrister

Customer: replied 1 year ago.
I have never seen or received a copy of CC and R's I bought this house brand new from the builder
Expert:  Barrister replied 1 year ago.

Ok, then whether or not you are subject to their CCRs or not will depend on whether they were recorded prior to you purchasing your home. If they weren't recorded, then you aren't bound by them, nor any HOA. In order for them to be legally binding on a property owner, they would have to have been recorded prior to purchasing the home. Some builders will sell a few homes and then decide to put a HOA in place for the rest of the development and record CCRs for any subsequent sales.

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But that means that the first few homes aren't subject to the CCRs because any encumbrance on property has to be recorded prior to a sale in order to bind the purchaser to those rules.

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With that said, you would need to contact the HOA Secretary or the local land records office and get a copy of the CCRs to review to see if they were recorded prior to you buying. If so, you are stuck with them and then would have to challenge any rule about your truck based on what they define as a "Heavy Commercial" truck. If they don't have a definition, and they may not, then you can defend against any claim of violation by using the state and federal definitions that show that your truck does not meet their definition.

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thanks

Barrister

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