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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28382
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Do HOAs have to provide legible copy of covenants to home

Customer Question

Do HOAs have to provide legible copy of covenants to home owners?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good morning. Would you mind sharing with me what the issue is surrounding the question?
Customer: replied 2 years ago.
We asked for copy of covenants for our potential area. (Not legible) neither were the second or third. After buying and moving in we asked HOA about doing some work to the property. Fence in back, patio enlargement, wing fence at front of house, and a storage shed. The plan was drawn up, described, and submitted. The lady told me that she saw no problems except the shed. Needed to match the house style, and color. I had asked about polymer . I explained that with small lots I planned to put as close to neighboring privacy fence which would make it almost impossible to paint. Also maint free is appealing. Heard no word back for 2+ weeks. Have medical issues pend inc surgery. My grandson was able to help. Tried several times to talk to HOA board members. Found no one. Put up my building( polymer resin building uncanny similarities in style, ranch style gable roof and shake appearing roof. Amazing color match . Now that its done I'm told it can't be " plastic" their words. ..???
Expert:  RealEstateAnswer replied 2 years ago.
So are they saying this condition was in the covenants ?
Customer: replied 2 years ago.
Expert:  RealEstateAnswer replied 2 years ago.
Prior to moving in you needed to have a legible copy of the rules, regulations, restrictions and covenants. If this was not provided you should have made a written demand advising of the same and determined why they are sending you something which you could not read. These control and when moving into and buying the home, they need to be complied with. I understand that you could not read the copy provided but you are expected to comply with them. If you did have questions and concerns you could have gone directly to the hoa to demand and inspect them or had your realtor request them from the seller. To come back now and say that you could not read them but agreed to them would not be a defense to have the shed built of a material contrary to what was allowed. There is a presumption that you received these , read them and understood them but buying the home so this is something they have control over and the ability to fine for.
Customer: replied 2 years ago.
We did make requests and told them we couldn't read them. Thus the reason we had 3 copies. Seems a little socialistic to me . Happy Independence Day !
Expert:  RealEstateAnswer replied 2 years ago.
Three requests are certainly excessive and these should have been provided , so it should have placed you on notice prior to moving in, the type of HOA you were dealing with
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!