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I recently purchased a home in a new development, it

Customer Question
I recently purchased a...

I recently purchased a home in a new development, it requires that the lawn be watered and we are not permitted to put a well in due to (what I’ve heard) an agreement between the builder and the water co. The water company rates are the highest in the state and our bills are running $600-$700/qtr. The HOA is still under builder control. Is there anything we can do as homeowners to change the policy on wells before or after the HOA is turned over?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

De

Lawyer's Assistant: Has any paperwork been filed?

FOr?

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
9/14/2017
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,080
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Have you actually reviewed the Bylaws to see this restriction in writing?

.

Has anyone contacted the developer to see if he would waive that restriction?

.

Is there a chance that the groundwater is contaminated or otherwise unsafe?

.

Was this restriction in place when you purchased the property?

.

.

thanks

Barrister

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Customer reply replied 9 months ago
Have you actually reviewed the Bylaws to see this restriction in writing?
I did read them but not with this in mind, I do not recall seeing it in the bylaws.
Has anyone contacted the developer to see if he would waive that restriction?
Not that I know of.
Is there a chance that the groundwater is contaminated or otherwise unsafe?
Don’t know, wells would only be used for watering lawns.
Was this restriction in place when you purchased the property?
If it in fact exists then I assume so, I asked the question during the purchase process and was told verbally they were not permitted.
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

Ok, first off, you need to review the Bylaws and CCRs to see if there is even a restriction... don't take someone's word on it..

.

If there is, then your first step would be to approach the developer and ask for a waiver... Very often they will just grant one because they really don't care that much once the lots are sold..

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If not, then you are kind of stuck here until the development is turned over to the HOA and then you petition the HOA to overturn that rule and give homeowners the right to drill wells.

.

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thanks

Barrister

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Customer reply replied 9 months ago
Thanks
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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