Restrictive Covenant vs Warranty against Encumbrances made multiple owners ago

[concern_citizen]

is there an HOA? Is the group you are dealing with an official committee formed under the rights of the HOA?

If yes to those questions, your entire inferred premise was deceptive.

I don't understand this part of your response, what do you mean by saying that my inferred premise was deceptive? This incorporation that I am dealing with functions as a Homeowner's Association (i.e. collects annual dues, enforces deed restrictions, etc), but their formal name doesn't include the words Homeowners Association. Because Homeowners Association is not a part of their name, they claim that they are not a HOA. However, they perform all the functions of a HOA (enforcing declarations, taking fees, etc).

If there is in fact an HOA and this groups is duly delegated by the HOA as the Architectural Review Committee and they are acting within the rights given them by the HOA, then what you have is nothing. The HOA can enforce the covenants. As I stated way back, any remedy that may be available to you is through or against your title insurance provider. Your remedies are going to be limited to financial compensation. It could be a perceived difference in value of the property with and without the covenants but be careful going down that road since many properties are actually more valuable because of the covenants or some other means to value what you claim are damages to you. There have been situations where a title insurance provider has actually purchased a property to settle matters although I doubt that would be likely here.

If the committee is not acting with the law, your remedy there is to seek they comply with the laws. That means you sue them. Before getting that far I would suggest you read all the rules, covenants, restrictions, and anything else concerned with the HOA so you understand things a bit better. Then search the laws regarding the actions of the HOA and if violated, your recourse.

I have read the State Laws concerning HOAs, but it's not clear to me what my recourse is if they are blatantly violating state law regarding HOAs (other than having a state regulatory agency compel them to release required bookkeeping documents to me). If the architectural committee made a denial decision regarding my proposed building while blatantly violating state laws, it is not clear to me if this decision, by extension, would be viewed in court as an unreasonable or arbitrary decision.

 

[justalayman]

well, a famous writer once wrote:

’Tis but thy name that is my enemy;
Thou art thyself though, not a Montague.
What’s Montague? it is nor hand, nor foot
Nor arm, nor face, nor any other part
Belonging to a man. O! be some other name:
What’s in a name? that which we call a rose
By any other name would smell as sweet;
So Romeo would, were he not Romeo call’d,
Retain that dear perfection which he owes
Without that title. Romeo, doff thy name;
And for that name, which is no part of thee,
Take all myself.

or in simpler terms; if it walks like a duck and quacks like a duck, chances are it's a duck


I'll leave it up to you to figure out if the simple lack of "HOA" in the title of the corporation makes then not an HOA.

Then, if it is determined they are in fact an HOA (btw: have you checked to ensure the rules they are attempting to enforce are in fact recorded in a state HOA Depository), then you could then demand they comply with the applicable laws regarding HOA.

If they are not an HOA, it's up to you to determine what they are. Then you can research the laws applicable to whatever type of organization and see that those are enforced.

If they have no authority to enforce the rules they are attempting to enforce, tell them to take a hike.


of course, never forget that an individual can seek to have the covenants enforced through the courts.

 

[concern_citizen]

well, a famous writer once wrote:




or in simpler terms; if it walks like a duck and quacks like a duck, chances are it's a duck


I'll leave it up to you to figure out if the simple lack of "HOA" in the title of the corporation makes then not an HOA.

Then, if it is determined they are in fact an HOA (btw: have you checked to ensure the rules they are attempting to enforce are in fact recorded in a state HOA Depository), then you could then demand they comply with the applicable laws regarding HOA.

If they are not an HOA, it's up to you to determine what they are. Then you can research the laws applicable to whatever type of organization and see that those are enforced.

If they have no authority to enforce the rules they are attempting to enforce, tell them to take a hike.


of course, never forget that an individual can seek to have the covenants enforced through the courts.

Their original declaration is recorded in the appropriate county depository- recorded as a Homeowners Association Disclosure. They make liens against properties, and then when satisfied, they release the liens. They are "a duck"...

 

[FlyingRon]

You can shoot your mouth off about state law all you want but since you decline to mention the state as this forum requires, we can't help you.

It appears you have no interest here in getting advice but rather want to rant about the injustices you perceive have occurred against you. I suggest you pay an attorney to listen to your rant and find out what real legal avenue you have.

 

[concern_citizen]

You can shoot your mouth off about state law all you want but since you decline to mention the state as this forum requires, we can't help you.

It appears you have no interest here in getting advice but rather want to rant about the injustices you perceive have occurred against you. I suggest you pay an attorney to listen to your rant and find out what real legal avenue you have.

Spare me the vitriol Ron. From my first post...

What is the name of your state (only U.S. law)? MD