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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33725
Experience:  15 years real estate, Realtor. Landlord 26 years
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I purchased a home in a subdivision that did not have an

Customer Question

I purchased a home in a subdivision that did not have an established HOA. Today my HOA has sent me a letter that if I don't pay my dues in 45 days they will proceed with a lien and possible foreclosure. Do I have any recourse since they did not exist when I purchased the home?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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When the subdivision was developed, was there a provision in the Covenants, Conditions, and Restrictions, for the formation of a HOA?

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And was the HOA actually established at a later date?

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thanks

Barrister

Customer: replied 1 month ago.
The HOA was actually established at a later date.As far as your first question, I'm not sure... I just searched a 12 page mortgage document on file with the clerk of courts and I didn't see that! I attached 2 pages that may have had it in there but it's all Spanish to me!
Expert:  Barrister replied 1 month ago.

Ok, the determining factor is going to be whether there was a provision for a HOA to be established in the recorded CCRs that were in place when you bought your property. If they say that the development is subject to a HOA to be established later, then you are stuck because you are agreeing to be bound by all the recorded CCRs of record at the time you purchase.

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If they tried to put in a restriction after you bought your property that establishes a HOA, then they are out of luck because you are only subject to the restrictions of records in the local land records office when you purchase.

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But you need to be looking at the recorded Covenants, Conditions, and Restrictions that were recorded before you bought your property to see what your property is subject to.

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My guess is that the developer probably put in a provision for a HOA, just never got around to forming one, it was formed later, and now they are "ruling " the neighborhood and imposing dues and rules...

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thanks

Barrister

Customer: replied 1 month ago.
On which public document would I find that and can you tell me where it is normally found on the document? The mortgage papers themselves are 17 pages long. I just need an idea of where I should look.
Expert:  Barrister replied 1 month ago.

The CCRs are recorded in the same place where deeds are recorded. The mortgage has nothing to do with a HOA..

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It is usually the County Clerk or Land Records Office..

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I can't say if that info would be available online or not, but you may have to actually visit them to get a paper copy. You really need one anyway just so you know what the rules of the subdivision are and what you can and can't do. (i.e. fence height limitations, whether you can put an outbuilding on your property, store an RV in your drive,,etc....)

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thanks

Barrister

Customer: replied 1 month ago.
The home was new construction so basically I'm looking for a deed on the land correct?
Expert:  Barrister replied 1 month ago.

No, the deed is a completely different document from the CCRs.... they are both recorded in the same place but the CCRs are the rules and restrictions. The deed just describes the physical property and transfers ownership.

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If you visit the local deeds office and tell them you are looking for the CCRs for the neighborhood, the clerks will help you get a copy.

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thanks

Barrister

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