HOA: Violations noted on resale certificate

11 years ago

We just got the resale certificate for the house we are buying and there are known violations there.

Are we going to have to pay the violation fee?

How about getting the violations taken care of? We don't live there until the end of June, earliest (current closing date is June 28). But by then I fear they will have gone to "third violation notice" which has a higher fee.

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Comments (8)

marie_ndcal
11 years ago
Talk to your lawyer and the legal person on the HOA. May depend on the violation, but I would immediately let your agent know I would NOT pay for any violation, in writing to be sent to the seller's agent.
live_wire_oak
11 years ago
Are you really sure you want to move somewhere that has a HOA like this?
brickeyee
11 years ago
"Are you really sure you want to move somewhere that has a HOA like this?"

THIS.

Avoid the place like the plague it has.
kats_meow
11 years ago
I am not fond of HOAs but I don't see why the fact there is a violation on the resale certificate means to avoid the HOA itself. I mean let's say an HOA has sent notice of a violation and the person who has the violation doesn't do anything and puts house up for sale. Are you suggesting the HOA should pretend the violation doesn't exist and then spring it on the buyer?

To the OP -- look at your contract to see what rights it gives you. YOu may have a right to cancel or to require the seller to correct. In fact, you should talk to your attorney about your options.
brickeyee
11 years ago
"Are you suggesting the HOA should pretend the violation doesn't exist and then spring it on the buyer? "

No.

Just avoid HOA areas when buying.

HOAs all to often get out of control and there is scant recourse to what they decide.

One of my employees lived in one that had a stay out home person who ran around measuring grass height and complaining to the HOA. if it was as little as 1/4 inch higher tan 'allowed.'

His grass grew enough in a few days after every thunder storm to be 'over.'
It was cut every Saturday, but that was not enough for the busybody.
littleprincess
Original Author
11 years ago
i am aware of many folk who don't like HOAs. My husband and I have chosen to deal with one to get a house in our price range and chosen location.

This particular HOA seems quite reasonable from our research. Their entire budget for violation fees is $100/yr.

I think this being a renters place/owner out of town and selling stuff has gotten not taken care of that should be.
kats_meow
11 years ago
I am not a big fan of HOAs. However, where I live it is virtually impossible to find anything else. However, before buying our current house we did assess the reasonableness of the subdivision. Some of the things we did and I suggest are worth doing:

1. We pulled and looked at the actual restrictions as well as bylaws and any instructions and forms used for approval. We knocked out many subdivision because we felt the restrictions were either vague or overly restrictive.

2. I looked online for discussions about the HOA. I found that with different subdivisions there was often a lot of information available. For example, some had newsletters publicly available (we ended up deciding not to even look at the subdivision who made a point of saying in the newsletter that a single family home wouldn't include a home that had any more generations than a parent and children -- i.e. having the mother-in-law live there would be a violation). We even found some where there was a subdivision forum. Another I found a blog. On others there were minutes of HOA meetings posted. I got a lot of information from this type of research and ruled out several subdivisions as a result.

3. I talked to the management company and/or HOA before buying. On one house several years ago they were very vague as to what would be approved on a fence and we ended up not proceeding with the purchase since we didn't want vagueness. On the current house they were very clear in telling us the requirements and even let us submit our fence request before we closed on the house.

4. Drive around the neighborhood. You can often get an idea as to how strong on enforcement they are through looking at how the restrictions are applied. In the subdivision we bought it was clear that while there were restrictions and they do enforce them, they enforce them in a logical way that isn't overly picky.
brickeyee
11 years ago
"v"

That is invalid under federal fair housing laws.

Many HOAs still have rules that are simply not legal.

Like prohibitions on satellite dishes, TV antennas, amateur radio antennas, etc.

The FCC will be glad to pursue them if they take any action.
It has been an ongoing thing.
Even local governments have gotten into trouble.

Even some prohibitions on political signs have been overturned. (HOAs may be able to limit size, but typically cannot prohibit completely on the owners private land).