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What happens if a property in an HOA is bought and the HOA rules are never signed (ie someone screwed up and transferred the title and recoreded without the HOA being signed).
Does the buyer get a pass on obeying any and all HOA rules and dues (assuming its a single family and not a town house or condo) or do they have to refund the money to the buyer and the title insurance covers the loss?
Who never signed HOA rules? The buyer? In my area, there is nothing for the buyers to sign. They receive a copy of the restrictions for their records, but they aren't signing anything. At closing, there is a Planned Unit Development form that is required to be signed by the lender. Those aren't rules. That's just a form that says the property is in a PUD and they can put a lien on the property too.
Since the HOA and documents comes with the property, they transfer with the property. If you are the buyer, you are also buying the HOA and CC&Rs with the property. Unless your state law specifically requires some type of HOA acknowledgement or document acknowledgement, the act of transferring the title to you is your acceptance of the HOA and all that comes with it.
What happens if a property in an HOA is bought and the HOA rules are never signed (ie someone screwed up and transferred the title and recoreded without the HOA being signed).
Does the buyer get a pass on obeying any and all HOA rules and dues (assuming its a single family and not a town house or condo) or do they have to refund the money to the buyer and the title insurance covers the loss?
Refund what money and what loss?
If you know you are buying into an HOA property you know you have to pay the dues and abide by the rules.
It sounds like you are asking if you (or the buyer) might be able to get back either a proration for HOA fees or an HOA fee that was paid. In any case, unless it is a voluntary HOA, the odds are that the deed is subject to the HOA and everything that goes along with that.
If you didn't get the docs, you should never have closed. For all you know, you agreed to no curtains or blinds allowed in your bathroom. To assume someone else is culpable at this point is hysterical. Yeah, someone didn't get you to acknowledge receiving the HOA docs, but I'm betting you signed a contract telling you HOA docs were coming your way.
You may get someone fined for not getting your signature saying you got the docs and all is okay, but a big time payout isn't on its way to you.
So if there is no acnologement of HOA's anywhere in any of the documentation or anything in the title transfer that states there is an HOA and suddenly they spring an HOA on you are you liable? And no its not the same thing as taxes, taxes can only exist because of threat of violence. IF the HOA had a massive police force they could enforce anything they wanted. So no its not the same.
So if there is no acnologement of HOA's anywhere in any of the documentation or anything in the title transfer that states there is an HOA and suddenly they spring an HOA on you are you liable?
Are you saying that there was never anything saying the property you were buying was in an HOA community and it wasn't until after the purchase and closing that they somehow discovered an HOA exist? If that is the case, you may have the basis for a claim. However, you need to explain how you found out about it to ensure the HOA is legitimate and not someone trying to pull a scam on you.
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