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The HOA doesn't have to use force, in many states they can place a lien on the property for non payment of dues or fines. In some states, they can force it into foreclosure.
Ignorance of the HOA existence doesn't preclude the home owner from being held to the community rules. The new owner could go after the seller or their realtor for non-disclosure but will not get them out of their obligations to that HOA.
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.
Oh I did not even think about that, there are alot of scams going on just in general these days.
So what you mean is not so much the receiving HOA docs didn't get signed off on....as much as you were never informed there are HOA docs at all for your community.
States differ on the HOA laws. Some are very hands off. Some have lots of laws in place.
Seems like many have some version of notifying a buyer that his new home is in a HOA. Signing something at some point or going to the more careful extreme of listing number of days to receive the docs, number of days to review, timing of approval, etc.
Your state law may cover where you stand so start there.
I suggest you call the agent you used for your purchase, describe what has happened, and ask him/her to explain. It can be different in different states but one of the most basic and commonly held "rules" in residential real estate is that the seller must disclose (and the buyer must acknowledge receipt of) all information that could or will cost the buyer money, so to speak. In Florida, we use an HOA disclosure addendum for the notice but it is left up to the buyer to obtain the documents.
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.
Agreed, it doesn't matter if anything is signed or not. If the property is in an HOA it automatically transfers with the sale. No way around it.
Did a quick read- if somehow the title company didn't find the HOA docs in their search (it's public record in MD), then you should have a legitimate claim with your title insurance policy (assuming you did that).
Well now that we know your state from another post, check on this. There is AS 34.70.010
It is the Residential Real Property Transfer Disclosure Statement. Has to be with every property. This one is from a few years ago but is still listed as in current use....but double check. Not whether it IS is current use but what the law says about it being in current use.
Go to p.4 about midway. Additional Info- Title - number 5.
It asks is there an HOA; name and number to contact; type of HOA; assessment resale certificate contact with name and number asked for. They do a good job on being specific on the HOA score.
Here it would be clearly in the Title Report or Title screwed up. And you would have a claim against your Title Policy.
This is all hard to believe. In areas where HOAs are common it would take a screw up by both agents and the Title Co. and the escrow officer. All know how it works. And the dealings with the HOA documents are well covered in the standard contracts.
If you signed the deed you signed the deed restrictions.
Most people have no idea how to read a deed or what the language refers to.
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