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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118194
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought a house that is in a neighborhood that has some

Customer Question

I bought a house that is in a neighborhood that has some homes in, some not in the HOA. Some are not in, due to builder selling several lots prior to establishing the HOA, others due to when the HOA changed and merged w/ another HOA & owners had the choice to stay in or not. Nevertheless the home I bought was an assistant living facility (business), prior to purchase and I did not sign any HOA agreement @ close. HOA is insisting that I am in it, but only has the original HOA papers that aren't even the ones that apply to the new formed HOA. My belief is that the previous owners opted out & converted the property into an assistant living facility. Now that I own it, does the my home automatically fall back into the HOA? What can I do to end this conflict?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you did not sign any HOA agreement and there was no notice that you were in an HOA, then you are likely not in the HOA. Unless the documents specifically stated that if the home was sold it would revert to an HOA and that was disclosed to you, you would be able to get out of the HOA and also possibly sue the seller for not disclosing the HOA situation to you upon sale and you could seek damages from the seller as well. So, without any documents specifically stating you are in the HOA, you would have to sue them for a declaratory judgment to get the court to rule, as you would not be in the HOA and if you are you have grounds to sue the seller for the non-disclosure.

Customer: replied 2 years ago.
My home was bought from a bank, as it was forclosed on. Who's burden is it to prove, the HOA's or mine?
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

It is the HOA burden to prove it is in the HOA and then you have the burden shifted to you to refute that proof.

Customer: replied 2 years ago.
Is having the original HOA covenant from before it was changed over to the current HOA sufficient proof from the current HOA to proof that my house is actually in?? That is all they have from 26 years ago, and no other acknowledgements /disclosures. I'm sure they will add legal fees to any lawsuit that comes from this..
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your reply.

If they changed the covenants to a new HOA, it would have to be included in the new HOA generally, unless the new HOA incorporated those old covenants into the new HOA. If they incorporated the old covenants into the new HOA, then those old covenants apply. However, again if you had no notice you have grounds to argue you do not belong and if you do have to belong because of the covenants you have a ground to sue the seller for not disclosing that.