[TowerTalk] Looking for typical size attic info

[Grant Saviers]

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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