Ken, if we were only so fortunate in Alabama to have full disclosure. I would
not have purchased my present home. It did force me to find a remote site
eventually.
Speaking of which, some deeds have HOA-type restrictions, but no one left to
enforce them. No HOA was set up, and the developer long gone. Unfortunately,
I am in an active HOA. Yes, buyer beware.
73, Kim - WG8S
> On 02/13/2023 12:34 PM Kenneth R Goodwin <krgoodwin@comcast.net
> mailto:krgoodwin@comcast.net > wrote:
>
>
> . was told there was no HOA before buying
>
>
>
> Be interesting to know 'who told you'. In Texas if you were not informed
> during the closing and/or not given a copy of the deed restrictions then
> you
> can sue the real estate agent and the title company for triple damages. Of
> course, I am not a real estate broker but married to one!! You would be
> surprised the reaction you'll get from a title company if the closing is
> flawed in any manner. On the other side of the equation, one should always
> obtain the deed restrictions before buying anything since it is (always)
> buyer beware.
>
>
>
> Most old HOAs don't collect fees since it wasn't usually the case way back
> in the good ole times. My deed restrictions were two pages, over 70 years
> old when towers were vapor ware. The development community next door to me
> has deed restrictions that are over 1000 pages where they specify such
> things like what plants you can have in your front yard. Regardless the
> deed restrictions/HOA are the law of the land. A good title company/lawyer
> should always obtain the deed restrictions of record since they are almost
> impossible to change/revise/abandon. I would not want to legally fight
> 'they're not enforced' argument because they can start enforcing anytime
> they desire. Ken K5RG
>
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