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Restrictive Covenant Issue

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clark4potus

Junior Member
What is the name of your state? Kentucky

A friend of mine has owned a home for over a year now in a community run by a home owners' association (HOA). At the time of sale, both the buyer and HOA assumed the house was in total compliance with the restrictive covenant, and neither party conducted an inspection in regards to the covenant prior to the sale of the house. Nearly a year after the sale, a HOA representative was visiting the new owner on an unrelated matter and noted the backyard fencing erected by the previous owner was not in compliance with the restrictive covenant. The covenant states the fencing must be either shadowbox or picket fencing. Current fencing is slat fencing with no gaps between boards.

The HOA is now requiring the new owner to put up new fencing at the new owner's cost to bring the property into compliance. Other than putting up the new fencing and sueing the previous owner for the cost of replacement, what possible recourse does the new owner have? Can the HOA be forced to seek replacement costs from the previous owner since he is the one who originally violated the restrictive covenant?
 


S

seniorjudge

Guest
clark4potus said:
....At the time of sale, both the buyer and HOA assumed the house was in total compliance with the restrictive covenant, and neither party conducted an inspection in regards to the covenant prior to the sale of the house....Other than putting up the new fencing and sueing the previous owner for the cost of replacement, what possible recourse does the new owner have? Can the HOA be forced to seek replacement costs from the previous owner since he is the one who originally violated the restrictive covenant?
The HOA may have waived its right to complain; BUT you have to read the covenants. Also, who assumed exactly what and did anybody put anything in writing?

In any event, your first step is reading the covenants and restrictions, plus whatever organizational instruments the HOA has.
 

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