On Tue, 21 Aug 2007 17:23:05 -0400, Reginald P. Smithers III penned
the following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
On Tue, 21 Aug 2007 15:54:28 -0400, "JimH" ask penned the
following well considered thoughts to the readers of rec.boats:

We have a HOA in our development. The Association officers are responsible
for contracting out the care and upkeep of the main entrance to the
development (landscaping and sidewalk snow removal) as well as enforcing
Association bylaws. They also review and approve fence and shed
installations. Annual cost to each homeowner is $80.

That is pretty cheap compared to most HOAs.

My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.



Gene,
It is good that you don't live in a community with HOA and restrictive
covenants, because you probably would be very surprised how incorrect
your guess is.

Either I didn't make myself clear or you guys need to read again for
content..... (1) I wouldn't buy a property that came with a deed
restriction and (2) my position was that NO agreement is binding
unless you sign indicating assent.

Check your mortgage paperwork and you will find that you have a copy
of some sort of protective or restrictive covenant or CC&R, designed
by the developer, that gave the HOA the power to tax you and determine
how you will use your property. You will probably, also, find a rider
on your deed that says you are aware of the covenant and will abide by
its restrictions (which include all of its penalties). You signed all
that didn't you?

I still feel that if you didn't sign the paperwork covering the deed
restriction.... you are not bound by what you didn't agree to.... (of
course that means you probably (wisely) walked away from the deal).

PS
Reference #1 above: there are plenty of recorded cases where the HOA
bankrupted landowners over some trivial item (though one agreed to). I
just don't lean into left hooks when I can see them coming. I try not
to sign optional documents that restrict my rights.....

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
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