. 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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