Subdivision restrictions

[Zippy59]

I purchased by home in October, 2004 in Jefferson County, MO. Because of certain things we wanted to do with our property, we were looking for a home with no association rules. Prior to closing, we asked repeatedly if there were any rules, to which we were told that there were none. 6 months later we get a visit from the "Home Owners Association" president, informing us that we are in violation of the rules. After being given a copy, I then went to the court house and found out that, yes, they are on file. Since I was not informed of these rules prior to closing, am I legally bound by them and, if so, what would be my recourse and against whom: the previous owner, her agent, my agent, the title company, or someone else?

[John Se]

At the title insurance company? you would have signed something relating to deed restrictions, HOA--especially dues!, or CC&R's. You sure you didnt sign anything. Also zoning probably exists wich will restrict your uses.

[HomeGuru]

Originally Posted by Zippy59

I purchased by home in October, 2004 in Jefferson County, MO. Because of certain things we wanted to do with our property, we were looking for a home with no association rules. Prior to closing, we asked repeatedly if there were any rules, to which we were told that there were none. 6 months later we get a visit from the "Home Owners Association" president, informing us that we are in violation of the rules. After being given a copy, I then went to the court house and found out that, yes, they are on file. Since I was not informed of these rules prior to closing, am I legally bound by them and, if so, what would be my recourse and against whom: the previous owner, her agent, my agent, the title company, or someone else?

**A: the CC&R's were already on title when you bouight the property. Did you sign a copy of the purchase contract referencing the CC&R's and sign the title report?
And yes, even if you were not informed, you are still bound by them.