gingerinasnap
Junior Member
What is the name of your state (only U.S. law)? North Carolina
I want to buy a house that is in a development that at one point in time allowed seasonal occupancy only. I had heard through various people (including my real estate agent) that it was now open to year round living and had been for several years. The owners of the the house confirmed this and gave me the names of three other owners they knew for sure lived there year round.
However, I have been unable to find an specific changes to the articles/covenants from the HOA that allow for this. The section regarding closing has been removed (zero mention of the development being closed in the articles), but no statement of it being open year round was added. There are other things in the articles that imply year round living, including snow removal from HOA fees, and a note that the development's common areas will not be maintained in March and April and access is at the owner's liability. That makes me think that if the development were closed (not maintained) at any other time of the year this would be included. My real estate agent thinks we should have an amendment made to the articles and have everyone who lives there sign it. However, the next HOA meeting is not until May and many of the members are not living there year round, making that a difficult option. The sellers also refuse to pay any attorney fees related to have an amendment prepared and would want me to take on that cost, which I cannot do. I feel pretty comfortable that the development is open year round and not closed ever, but my real estate agent feels very strongly that I should have the statement of year round living in writing. What do you think?
I want to buy a house that is in a development that at one point in time allowed seasonal occupancy only. I had heard through various people (including my real estate agent) that it was now open to year round living and had been for several years. The owners of the the house confirmed this and gave me the names of three other owners they knew for sure lived there year round.
However, I have been unable to find an specific changes to the articles/covenants from the HOA that allow for this. The section regarding closing has been removed (zero mention of the development being closed in the articles), but no statement of it being open year round was added. There are other things in the articles that imply year round living, including snow removal from HOA fees, and a note that the development's common areas will not be maintained in March and April and access is at the owner's liability. That makes me think that if the development were closed (not maintained) at any other time of the year this would be included. My real estate agent thinks we should have an amendment made to the articles and have everyone who lives there sign it. However, the next HOA meeting is not until May and many of the members are not living there year round, making that a difficult option. The sellers also refuse to pay any attorney fees related to have an amendment prepared and would want me to take on that cost, which I cannot do. I feel pretty comfortable that the development is open year round and not closed ever, but my real estate agent feels very strongly that I should have the statement of year round living in writing. What do you think?