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Ask Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6715
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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If you buy a condo and at that time there are no bylaws what

Customer Question

If you buy a condo and at that time there are no bylaws what is you rights after new board is formed. If for example the new board requires the new bylaw that the condo is now no somkeing after you own said condo.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Can you tell me if the Articles of incorporation were filed and Covenants, Conditions and Restrictions.

In order to form an HOA there are required documents.

This links sets out the Documents in that are required:

"Homeowner Associations are governed by a chain of governing documents and laws.

  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas.
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions.
  • The Bylaws are the rules for management and administration.
  • Resolutions are additional rules and regulations that the association may adopt.
  • Federal Laws also apply. Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, the Virginia Graeme Baker Pool and Spa Safety Act , the FCC OTARD Rule (Over the Air Reception Devices - Satellite Dishes) and the Fair Debt Collection Practices Act.
  • Information regarding State Laws specific to common interest communities such as condominiums, cooperatives, and homeowner associations are provided below and in the FAQ section of the Resouce Center. In addition there are typically additional state laws that are not specific to Common Interest Communities which require compliance. Some examples include stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few.
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc.
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements."
Customer: replied 9 months ago.
I don't see an answer in the above statement
Expert:  Attyadvisor replied 9 months ago.

Are there article of incorporation? What is the name of the Condo association? Did you purchase this from the developer and are you sure no CC&R's have been filed because if they have not you should have no deed restrictions on your deed.

Customer: replied 9 months ago.
When I ought the condo it was from the developer not condo association existed then. As for inc. I don't know.
Expert:  Attyadvisor replied 9 months ago.

We would want any deed restrictions lifted if all of the required documents have not been filed. The developer had to name the association and must file articles of incorporation. What is the name that the HOA uses?

My concern is you having deed restrictions without a legally formed HOA.

Expert:  Attyadvisor replied 9 months ago.

If you can provide with the name of the HOA I can look them up. If they have not followed the requirements the association needs to be terminated and any deed restrictions on your title/deed need to be removed.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The Attorneys on the site do not receive credit for their time or work if the customer does not rate us positively. There is no additional charge to you for a positive rating and you can still receive a refund. Thank you for your consideration.

Expert:  Attyadvisor replied 9 months ago.

Can you give me the name? We can close the question for privacy when we conclude?