Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2015
    Posts
    1

    Default Who is Responsible for Previous Owner Not Adhering to HOA Regulation

    My question involves real estate located in the State of: SC

    I purchased my home 2 years ago which had some pavers out front. I have just received a notice from the HOA telling me they are not in compliance with the rules, need to be removed and replaced with sod or grass.

    In 2 years that I have been living here they just now noticed the pavers? Plus I know that they were installed quite a while before I purchased the house. When I pointed this out to the HOA and told them I did not feel I should be responsible for their oversight in not picking up on this in all this time, I was told I had to take it up with the prevous owner. I have no idea where he is.
    My question is, am I responsible for this not having had any clue that pavers were not allowed and which were installed long before I purchased the house?

  2. #2
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Who is Responsible for Previous Owner Not Adhering to HOA Regulation

    Bottom line, yes....

  3. #3
    Join Date
    Feb 2015
    Location
    California
    Posts
    14

    Default Re: Who is Responsible for Previous Owner Not Adhering to HOA Regulation

    As a former member of a Board of Directors for an HOA, I can say this:

    First read your CC&R's to find the violation and it's context for your situation
    .
    Second, request the Board and it's management company to provide you with all notices of violation *and* any HOA waivers granted or refused to your address. You most likely will be charged for copies. If there are no violations, that is good for you. If the pavers were originally put in because a waiver was approved, that is good for you.

    Third, attend the next Board meeting and request a waiver. Your waiver should be based on the fact that the Board & mangement company allowed these pavers to be in place more than two years, and should be granted because of the length of time the pavers were in place. By not sending a violation notice, the HOA by default granted a waiver, even if it wasn't in writing.

    Fourth, keep after them. Ask your neighbors when the pavers went in. Get written permission from your neighbors to have the pavers and use them to prove to the Board that they should grant the waiver. It could be a neighbor asked for a waiver for something, got turned down, then made a complaint about your pavers, which is why the Board is adamant about this.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Who is Responsible for Previous Owner Not Adhering to HOA Regulation

    Agree with miniluvr about the steps to take.

    One bit of advice:

    To find the former owner start by checking the County Recorder for the recorded documents involved in your purchase. There's a chance that the seller would have shown his/her new address on documents that were to be mailed to him after they were recorded.

    You might also google him and see if he is on facebook or linkedin.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Who is Responsible for Previous Owner Not Adhering to HOA Regulation

    Situations like this is why the law in other states require the HOA to check and disclose violations to the seller prior to closing. You're stuck with it now. The question is if this qualifies as an undisclosed defect. A big help would be if the HOA had sent any correspondence to the previous owner telling him the pavers were not in compliance.

    1. Sponsored Links
       

Similar Threads

  1. Purchase Contracts: Previous Owner Stole My House
    By alauzara in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 08-20-2012, 05:46 AM
  2. Foreclosure: Does a New Owner Have to Pay Debt Owed to the City from a Previous Foreclosed Owner
    By eba28 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 09-25-2010, 12:32 PM
  3. Can't Get Vehicle from Previous Owner
    By Sourjon in forum Personal Property
    Replies: 5
    Last Post: 07-20-2008, 08:25 PM
  4. Liens and Encumbrances: Previous Owner Had a Lien
    By drosselot in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 07-14-2008, 11:59 AM
  5. Divorce: Is Current Wife Responsible For Husband's Debt From Previous Marriage
    By azuker in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 02-07-2008, 07:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources