Sunrise Cove Subdivision HOA (Madison, Valley: comparable sales, sales, HOA fees)

[friday13]

Originally Posted by Toymeister

A HOA was started in my sub after home/lots were sold, the HOA assesed fees to everyone, they lost the suit and it no longer exists, the HOA that is.

Do you live in Madison proper? I need to add your neighborhood on my list of "HOA-free" subdivisions to look at.

[robertf97]

Thanks for the replies. I have the CCR's now, I'm just stunned that Alabama would endorse/enforce a contract that was never disclosed, never signed that could cost a person their home. That is a violation of the 14th Amendment to the United States Constitution that says "nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

[autobahn]

Originally Posted by robertf97

Thanks autobahn. I have what I believe is the deed (has a deed tax stamp on it and is notarized) and it does not reference the HOA number or anything about an HOA. Do I need to go further than that?

You need to do a records search here:
Public Inquiry
You can search for your name, etc. You need to also find a certified copy of the plat and see if the covenants are recorded on the plat for your property.

[autobahn]

Figured it out.
Look at your Declaration of Protective Covenants and check the exhibits that describe the entire subdivision phase as shown on the plat for your house. Verify whether the covenants were recorded before or after you bought your house.

[autobahn]

Very interesting. Your CCRs do not state what property they govern. Other than the name, it does not tie the CCRs to the land. At only 6 pages, they are pretty weak.

[autobahn]

Originally Posted by autobahn

Very interesting. Your CCRs do not state what property they govern. Other than the name, it does not tie the CCRs to the land. At only 6 pages, they are pretty weak.

Looks like 8/11/06 the details were published. Make sure you are looking at that copy. Makes you wonder if you compare the two whether it was back dated.

[autobahn]

Looks like as of 2/12/2008 the Stilgood Corporation maintains Declarant control over the development and has not handed over those rights to River Oaks or the HOA. Hope you all get those rights when the developer is done.

[robertf97]

Thanks autobahn. I found the subdivision and deed in there, cant access the plat. I am sure a judge would say I should have researched the court records for restrictions before I purchased. They need a disclosure law here as some other states have.

[autobahn]

Originally Posted by robertf97

Thanks autobahn. I found the subdivision and deed in there, cant access the plat. I am sure a judge would say I should have researched the court records for restrictions before I purchased. They need a disclosure law here as some other states have.

I was able to get the TIFF version to download. Here is the reference number: 20060804000521070

[ionlife]

and so it goes... but there are some on here who blame the purchaser for this debacle...