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If a homeowners association declaration was not recorded when I purchased my home can they enforce restrictions?
Wiki User
∙ 9y ago
Your question belongs in the hands of a local, common interest community attorney, who is best prepared to answer your specific question.
Wiki User
∙ 9y ago
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Do i have to pay homeowners assoication fee?
Yes. If you purchased property that was subject to a recorded Homeowner's Association Declaration of Restrictions and Covenants then you must pay the fees. The rules are in the declaration and you can review them at the local land records office.
How do you locate the homeowners association for your home?
Take your address to your local land-use hall of records to discover the name of the association where you purchased your property.
Can you be held liable to a homeowners association you did not agree to?
If you purchased real estate already established as a homeowners association, you are subject to that private government. You received copies of the governing documents when you sat with the title company and signed that mountain of documents. Your realtor told you that you were buying into an association. _______________ However . . . If you purchased real estate in a community without an association, and your neighbors are forming an association, as an owner you are entitled to full disclosure as to what your liabilities are and/or will be once the association is formed. Usually, you can resist joining a newly formed association by being 'grand-fathered in' in your current exempt state, but when the property is sold, it may be required to become subject to the association -- or not. This is a legal issue with no standard. Best practices dictate that you engage the services of a local common-interest-community attorney to help you preserve and participate in the position you want.
Does a homeowners association have to be officially registered in your state to be valid?
The association is defined in the land-use documents that are on file in your local land-use office. If the association is a corporation, then annual registration with the Secretary of State is a best practice. If your association has fallen into an inactive state, you may be able to resist the covenants, conditions, reservations and restrictions you agreed to honour when you purchased your home in the association -- for a time. However, be aware that inactivity does not release you -- or any owner -- from the responsibilities and obligations you agreed to honour. If you question the association's right to conduct the association's business, your challenge can be found in your governing documents. A board's failure to register with the Secretary of State may pose limitations on the board's power to act: a common-interest-community-savvy attorney can answer your question specifically.
How can a homeowners' association be removed from a deed?
Generally, procedures for abandonment of the homeowners' association (HOA) are found in the HOA covenants. These procedures would have to be followed unless they were not consistent with state law. If the covenants do not address disbandment of the HOA, then applicable state law would govern. In any case, if you are looking to remove a HOA, you should talk to a real estate attorney.
What if an Home Owners Association fails to establish by laws or conduct a meeting?
Your answer depends on the language in the association's governing documents. The CC&Rs are the land-use documents filed with the local county, and those covenants, conditions, restrictions and reservations doctate the operation of the associaiton. The By-laws detail the operation of the association. As well, the association may be a state corporation -- you received all these documents when you purchased your property within the association.
Can a homeowner association ban pets?
Yes. You should review the Declaration of Restrictive Covenants and the Rules and Regulations that were in force when you purchased your property. Rules regarding pets should be set forth in those documents.
If deed restrictions are on the original deed but do not show up on a later deed of a new owner can a Homeowners Association enforce the original deed restrictions in Arkansas?
Yes. It is the responsibility of the buyer to have a professional title examination performed to disclose deed restrictions that appear in the chain of title but do not appear in the present owner's deed. From articles I have seen it is a common problem in Arkansas that restrictions are not carefully carried forward in deeds. That error does not make them unenforceable. If the restrictions have not expired by a statute of limitations they are still in effect.
Does homeowners insurance cover lost items?
Yes, but check your policy as there are limits and additional riders that may have to be purchased.
Is flood insurance a government service?
Yes, flood insurance can be purchased through the federal government. However, it can also be purchased as a rider to some homeowners insurance policies. You will want to compare homeowners insurance quotes then compare them to the flood coverage offered through the federal government to find out which is your best option.
Will homeowners insurance cover foundation problems due to a drought?
No, movement of earth or soil is not covered under a homeowners policy just as an earthquake is not covered under a normal policy unless you purchased the additional coverage.
Does dp homeowner policy covers acv or RC?
A homeowners Dwelling Policy (DP) can be purchased with or without replacement cost valuation. It just depends on what coverage you purchased when you bought your policy.
