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Are developers required to provide home buyers copy of the…

Are developers required to...

Are developers required to provide home buyers copy of the HOA covenants?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

I don’ know. I’m a new owner and no one I have asked ever got a copy of covenants.

Lawyer's Assistant: Where is the home located?

The HOA is strictly the developers and no home owners are involved. Autauga Co. Alabama

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

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Answered in 32 minutes by:
6/10/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Every buyer should be presented with full documentation once their offer has been accepted and escrow opens. The CCRs are a public document recorded in the local land records office and your lender or title company should have noticed that they were there on the property and brought it to your attention.

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Further the developer/seller should have included them in a packet with any HOA Bylaws and other rules that govern the neighborhood.

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But unfortunately Alabama has no law specifically governing the actions of HOAs and nothing requiring developers to provide the CCRs automatically. So that would be part of the buyer's due diligence to inquire if there was a HOA, and request a copy of any Bylaws and CCRs so they know what they may be buying into..

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But you can always get a copy of the CCRs from the local land records office where they are recorded. And the developer should have a copy of any Bylaws if he has actually set up a HOA..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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