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Undisclosed covenants and restrictions

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penny8086

Junior Member
Alabama - First time home buyer but covenants and restrictions not disclosed.
I recently purchased my first home 9/30/09. We asked our agent if there was an HOA and were told there was not. Came home last week to find our mailbox had been replaced. Called our agent and was told that this was due to the CCR. We had no idea what a CCR was and were definately not shown this prior to purchase and signed nothing agreeing to it. Called our agent and was told that there is nothing we can do but abide by it. We live in a rural area and would not have purchased this home had the ccr been disclosed. Do we now have to abide by this or should we have been informed of it prior to sell? Do we have any recourse? We would have asked to see this prior to sell but we had no idea that these things even existed. Thanks
 
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CLJM

Member
Penny8086....

Welcome to the forum !

I do not have experience with HOA's in Alabama, but I do have experience in several other states.

CCR is for Covenants, Conditions, and Restrictions; aka Community Covenants and Restrictions. They are the community's legal and binding governing documents created prior to development and are recorded in the same manner as a deed. Membership is automatic upon purchase and "runs with the land". There most likely will also be Community Dues for the HOA.

If you were not aware of the HOA and the CCR's prior to closing, you should have become aware as you went through closing understanding and signing the documents. Yes, as a Realtor and HOA Board member myself, I believe you should have been informed, however, the purchase and closing has been made and you are accountable for the purchase.

Please contact your HOA for a copy of all the Community documents and By-Laws. Perhaps you will come to see that a HOA can provide many benefits and protections, and you might well decide to participate and become an active member in how your Association is governed.

I hope this post has been helpful.
 

FlyingRon

Senior Member
Unlike many other states Alabama has no mandatory disclosure for HOAs/CCR. You're expected to do your own due diligence if any apply to the lot you are purchasing.
 

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