VA- HOA Question re: Violations

[watching_98]

What is the name of your state? Virginia

Prior to my recently purchasing a home in Fairfax County, I made three inquiries to the HOA on whether or not a covenant violation was in place on the property I wanted to buy. I was given vague, ambiguous answers that implied there were no violations. More importantly, I was never told that there WERE violations in any of the responses I received

In the mandated disclosure packet I was specifically told "No violations exist." I submitted it to the HOA for written assurance that there were no violations and heard nothing within the required ten day period per the Propert Owner's Association Act.

I went forward and purchased the property satisfied that it had no violations. Now, three months later the HOA lawyers are telling me I have 2 weeks to remedy the violation and to pay for it out of my own pocket! This is after being told there were no violations, not being told there were violations and well after the 10 day deadline they had to respond to my request for written assurance as allowed under the Property Owner's Association Act.

As far as I am concerned, I have demonstrated that I was trying to do the right thing by pursuing the matter prior to settlement, I exercised due dilligence in getting an answer to whether or not it was a violation and they consistently stated everything BUT a violation was present. Because they specifically stated in the disclosure packet that no violations existed, they are bound by that statement and so there are no violations.

I was willling to work with them but after their lawyer attacked me via USPS I am ready to dig in and fight.

What am I missing and what guidance can you provide to pursue this matter if they push the issue?What is the name of your state?

 

[pojo2]

Well YOU knew there was a violation or you would not have played this cat and mouse game about violations, so what the violation YOU knew about?

 

[moburkes]

What is the name of your state? Virginia

I was given vague, ambiguous answers that implied there were no violations.

Please explain that.
Definition: vague--not explicit
Definition: ambiguous--having more than one meaning
Definition: implied--suggest

 

[watching_98]

Explanation

The answers provided did not state there were violations. They said the improvements were "approved." They said the "proper procedures were followed." They said the items in question have been in place for almost ten years. I read each of those statements as "implying" the items were not violations.

My questions were specific, direct, and pointed (e.g."tell me they either ARE or ARE NOT violations") and those are the replies that I received. Again, they are vague and ambiguous.
They never hinted at anything other than the items were not violations- hence my stating they "implied" they were not violations.

Hope this helps explain or at least demonstrates I did not understand your comment.

 

[watching_98]

I think I get it now

I meant the answers were vague in that I asked if the items were a violation and I was told they were "approved." I did not ask about their being approved or not, I asked about them being violations.

I meant they were ambiguus in that I asked a pointed question about their status as violations and was given an answer about how the proper approval process was followed. So I can read that as "they ARE violations but the approval process was follwed" or "they are not violations because the proper approval process was utilized."

I used "implied" because the answers were all phrased in a positive manner but said nothing regarding the specific topic of my question- "do violations exist." It is like asking how your friend's day was and he replies "The Sun came out for 30 minutes." He is implying that it was a good day because the Sun was out at all. Then again, he could be implying it was a bad day because the Sun was out for only 30 minutes.

 

[watching_98]

Pojo...

... No, I did not KNOW there was a violation. I SUSPECTED there was one but until I was given a "yes" or a "no" to my question, I was still only SUSPECTING there was one. I did not KNOW until the board finally provided an answer- which they did 2 1/2 months too late.