• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Condo covenants

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Milley

Junior Member
What is the name of your state?What is the name of your state? Indiana....I am a realtor, I am trying to sell 2 condo's and the covenants say that if I do find a buyer, I must submit the name, and address and phone number (of the buyer) to the condo association... they then have 10 days to decide if they want to buy the condo instead, at the price offered by the buyer... this seems to be illegal, not only infringes on the privacy of the buyer, but there is no reason for the buyer not to have the condo unless the association is discriminating ... there is no age limit in the condo covenants, although they feel they are a retirement community... my clients who presently own the condo's are afraid the association will call their buyers and harass them, thus killing a potential deal and getting out of buying the condo themselves... any help would be appreciated.......do I have to give the association this info?
 


I AM ALWAYS LIABLE

Senior Member
Milley said:
What is the name of your state?What is the name of your state? Indiana....I am a realtor, I am trying to sell 2 condo's and the covenants say that if I do find a buyer, I must submit the name, and address and phone number (of the buyer) to the condo association... they then have 10 days to decide if they want to buy the condo instead, at the price offered by the buyer... this seems to be illegal, not only infringes on the privacy of the buyer, but there is no reason for the buyer not to have the condo unless the association is discriminating ... there is no age limit in the condo covenants, although they feel they are a retirement community... my clients who presently own the condo's are afraid the association will call their buyers and harass them, thus killing a potential deal and getting out of buying the condo themselves... any help would be appreciated.......do I have to give the association this info?

My response:

There is nothing illegal about such a clause. If your seller signed the contract, then your seller must abide by the contract.

IAAL
 

Milley

Junior Member
really?

Indiana.... :( they harp so much these days on privacy laws, and discrimination laws that this seems to infringe upon both... but appreciate your answer... thanks
 

I AM ALWAYS LIABLE

Senior Member
Milley said:
Indiana.... :( they harp so much these days on privacy laws, and discrimination laws that this seems to infringe upon both... but appreciate your answer... thanks

My response:

If your seller must sell pursuant to the contract, and your buyer can only buy pursuant to the existing condo contract, then please, tell me where the "invasion of privacy" exists. And, what does that clause have to do with "discrimination"?

IAAL
 

Milley

Junior Member
ok

I don't understand any reason why the condo association needs this information, I am not a lawyer as you can tell, just a realtor trying to figure out why anyone would need such information unless they want to stop this person from moving in. There is nothing in the covenants that should prevent anyone from buying the condos... ok, well I guess this is coming out to be just my wanting to protect my clients from the association... they were presented the covenants only after they had purchased their homes, as they were the first owners and the "covenants" weren't drafted yet... then they felt they had no choice since they owned the homes... since then they have found all these rules unbearable and are trying to sell, only to keep hitting brick walls with the association.......sigh, anyway.....nevermind, guess my clients are screwed again
 

PghREA

Senior Member
Milley said:
I don't understand any reason why the condo association needs this information, I am not a lawyer as you can tell, just a realtor trying to figure out why anyone would need such information unless they want to stop this person from moving in. There is nothing in the covenants that should prevent anyone from buying the condos... ok, well I guess this is coming out to be just my wanting to protect my clients from the association... they were presented the covenants only after they had purchased their homes, as they were the first owners and the "covenants" weren't drafted yet... then they felt they had no choice since they owned the homes... since then they have found all these rules unbearable and are trying to sell, only to keep hitting brick walls with the association.......sigh, anyway.....nevermind, guess my clients are screwed again
Did you make the contract contingent upon the Buyers reviewing and accepting the covenants?
 

Milley

Junior Member
covenants

the buyers will have to sign the covenants, so they will have to read them, so it will be contingent on agreeing and signing of the covenants.. I understand my owners signed the covenants but it was only after they were in their condo's because there was no association when the condo's were built... so they did not have a choice.... except to move of course. I am just wondering that even though they signed something, does it still make the covenant rule legal. I mean you can put in the covenants that no minorities can move in and if my clients sign it, it is still discrimination. If you have a ready, willing an able buyer, then there is no legal reason for him not to get the condo, so there is no reason for them to require information on that buyer. Unless, if he/she doesn't fit their bill, they can call or whatever to discourage that buyer from proceeding.... thank you for your time
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top