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Gene Kearns wrote in
: 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). You couldn't be more wrong. It's not even not even open to debate. Take it from me, I'm a real estate attorney. To borrow a line from the movie "War of the Roses," when someone who gets paid $400/hour wants to give you free advice, you should listen. You don't sign a deed. It is delivered to you, signed by the seller, who is referred to in the deed as the grantor. You are the grantee. Brokers and others may have you sign something saying you are aware of the covenants, but that's just so you don't sue them saying they should have told you. Regardless, if you buy property subject to a restrictive covenant, then as long as you own that property, you are subject to that covenant. Some covenants turn out to be unenforcible for varous reasons, but not because you didn't sign something. As was previously pointed out, racial covenants cannot be enforced. There are other covenants that aren't enforcible either, but that would take years and costs thousand of lives (another movie line;-) to explain. Suffice it to say, you buy property subject to an HOA and your stuck with it whether you signed anything or even knew about. You are charged with researching the title all the way back to the time the government first deeded the property to the first owner. Since that is not practical for you to do, you get an opinion of an abstractor, or in many states, title insurance, or both. Caveat Emptor! |
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