Re: [TowerTalk] Looking for typical size attic info

[Grant Saviers <grants2@pacbell.net>]

Not a lawyer, but experienced a situation were long lack of enforcement 
or selective enforcement became grounds for the HOA to lose that right 
or interest.  I think it depends on the state laws that pertain to 
"common interest associations".
Grant KZ1W

On 2/13/2023 10:47, Lux, Jim wrote:
> On 2/13/23 10:34 AM, Kenneth R Goodwin 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
> >
> > _
>
> Getting a bit OT here, but not only that, any member of the HOA can 
> enforce the rules, even if the HOA itself has long since become 
> non-existent. Got a anti-antenna neighbor who happens to be an attorney 
> and willing to work for free, and you've got a problem.
>
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