Property Disclosure Stated no HOA, closing contract/HUD said no HOA, but there is one

[OHRoadwarrior]

Most of the people who have bought homes in my area, were ignorant of the property covenants. They were somewhat surprised, when I showed them a copy, mentioning their violations. This may be one of those things that falls back on you.

 

[Zigner]

Neither of those are a valid defense for not disclosing the existence of an HOA. In either scenario they SHOULD have known if they had properly done their homework.

If that's the case, then wouldn't it also apply to the OP?

 

[LdiJ]

If that's the case, then wouldn't it also apply to the OP?

It was a disclosure...something specifically asked of the seller.

 

[Mass_Shyster]

Put me on the list of those that would not purchase just because there is an HOA.

I'm on that list as well. In fact, you can put me on the list of those who would (and did) give away a house rather than deal with the HOA.

OP should speak with an attorney to see if the HOA has any authority to enforce any rules.

 

[Zigner]

It was a disclosure...something specifically asked of the seller.

Right - but according to you, the seller HAD to disclose it because he SHOULD have known by doing "homework." That is the same "homework" that you are saying the OP shouldn't have to do... The position is inherently in conflict.

 

[justalayman]

This all came about because we got a letter for an HOA meeting this weekend (which we got 4 days notice of the meeting) to elect new board members. We are going to goto the meeting, and talk to the people. The outcome of that meeting, or possible others in the following weeks will determine what action I want to take.

My agent was useless in this matter, and pretty much blamed me, or as she said "I thought you checked into it".

OK, so now er get into: had you told your agent you absolutely did not want a house controlled by an HOA?



... Yea ok, i'm not sure why she got paid.

The title agency we asked for these details in advance, and then after some issues arrised, they finally gave them to us, after we were in the house for a month.

so what did the initial title report say. That is something a preliminary title report would have included.

Those details being the deed restrictions. We were told there were no specific deed restrictions and that it was just the standard city ordinances.

Ok, great.

So, rather than claiming there is an HOA, provide proof there is an HOA that actually has any authority. If there is no requirement in your deed (although realize it could be included from a prior deed as simply as: and subject to CC&Rs of public record) to submit to the authority of an HOA, it becomes a voluntary HOA and as such, immaterial to your situation.

However, we don't legally have a document stating that, as it was a phone conversation. The title agency claims they would of provided it if we asked, they are just convering their asses, and i can't prove it. And that is my fault, I should of asked for it in writing of some kind... because then I would have recourse onto the title agency, but now I do not.

again, an preliminary title report would have at least suggested there was an HOA. I don't know a lender that would loan money without a preliminary title report showing no obvious encumbrances not immediately obvious.

Here's the thing, we might meet the HOA, and everyone is decent people, and we have no issues. So everything might be ok, but that's just it, we don't know. The Deed restrictions state the HOA board can deny us any request, for any reason.

but WHOA!!! now you are saying there are deed restrictions. Previously you said there was nothing but local ordinances.

 

[klick]

I was told there was no deed restrictions that they could find when I asked the title company. That conversation took place over the phone, it was later determined that this was a false statement. Sorry if that was unclear. Again though, i'm not overly concerned with the deed restrictions, I believe for the most part they help maintain the value of the home, I just want the HOA to disappear.

I need to review through the HUD, I thought there was a specific part stating no HOA, but the only thing it states is there are no HOA fees. If the HUD stated no HOA, and there was one, that would allow me to approach the title agency about it. Not sure if I could do anything with that. The HUD doesn't validate the Property Disclosure (I don't think, how could it), so I don't think that matters.

We heard the HOA hasn't collected fees for years, I want to know how they paid their fees when the re-instated themselves in 2011. Wouldn't it be true that an individual cannot pay for that renewal, and it would invalidate the renewal? If there was no money in the HOA, and the president/treasure/whoever individually paid the $25 re-instatement fee, that would now be allowed from what I can tell. Ohio revised code 5312.07 legally allows me to review the Book of Records, where I can find out where the money is coming from. Although it's possible that they have a surplus of cash from old fees, but I don't know.

 

[justalayman]

klick;3167835]I was told there was no deed restrictions that they could find when I asked the title company. That conversation took place over the phone, it was later determined that this was a false statement. Sorry if that was unclear. Again though, i'm not overly concerned with the deed restrictions, I believe for the most part they help maintain the value of the home, I just want the HOA to disappear.

well, there's the rub. Deed restrictions are nothing more than a paper tiger without an HOA to enforce them.



The only deed restrictions you have mentioned previously were in the form of local ordinances though.

Those details being the deed restrictions. We were told there were no specific deed restrictions and that it was just the standard city ordinances.

so, are there restrictions other than local ordinances?