Forum Discussion
redsb3
Dec 05, 2013Explorer
rockhillmanor wrote:
The issue of HOA's appears in the sellers disclosure. BUT it is up to the 'buyer' to research it and obtain a copy of it, it one exists. Real Estate Agents might help but it is 'not' their responsibility.
I just bought property where there WAS an HOA but it was allowed to expire. The area is now inhabited by ex-snowbirds with RV's so there is not much chance of it ever being reinstated!
HOA's do have an expiration date but it does cause confusion when purchasing property after they have expired because it's still noted on many documents. The county seat is the place to confirm stuff like that.
This varies greatly by state. Here in AZ, once your offer contract is accepted, the title company will send you a copy of the CC&R and/or covenants and deed restrictions. It is the seller or sellers agent's responsibility to disclose this information and they are liable if they don't. You also have a short window to void the contract if there is something in the CC&R's or covenants that you won't accept. No penalty to you if you do this. It can get very complicated as I have gone through this 3 times in the last 15 years as both a buyer and seller. Bottom line is you need to research in YOUR state, because another state may be completely different.
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