ignorance, judgment, neighbors

[Usmcsousa]

SO my wife and I bought our first MH finally!
But first lets rewind.
About a year and a half ago, we bought our first home, 2000 square ft absolutely beautiful in a quite dead end neighborhood.
I knew then i wanted two things, a flag pole to fly my usmc and american flag and a large enough driveway for a class a.
Our "wonderful " neighbors have been great up until recently.
A few months ago, i pulled our new used 34 foot gem up to our home and like with any new toy, began making it ours, wash wax rip out the old, put in the new ect.
Not even 4 hours into my endeavor, this 200+ year old lady from waaay down the road( not visible from our property ) walked up to my driveway to kindly explain to me that there are restrictive covenants in our neighborhood. Which my realtor neglected to inform us of.
She came back the next day with a print out, sure enough, no flag poles, no motorhomes, amongst 140 other ridiculous restrictions.
About a week later i moved my mh off of MY property and into storage. Even though. We have NO hoa and 3/4s of the neighborhood are not in compliance with the covenants.
I recently found a facebook page of our neighborhood where i read a lot of nasty comments from about 4 select neighbors of which I've never met, calling us trailer trash and scum, putting their childrens safety at risk ect.
I was shocked to say the least, not One of these folks actually spoke to us about their concerns, just blasted my character over the internet.
Am i crazy for wanting to sell my $200,000+ home to go live in my MH with the friendliest "trailer trash" people I've ever had the pleasure of meeting throughout our short RV'ing travels?

[exacto]

2oldman wrote:
If you're being singled out for punishment, make whomever is in charge of the covenants aware of it.

Or leave.

Usmcsousa wrote:
there are restrictive covenants in our neighborhood. Which my realtor neglected to inform us of.

That is very difficult to believe.

I don't think so, you cannot put a price on freedom. And thank you for your service.

[SolidAxleDurang]

Francesca Knowles wrote:

Executive wrote:

Francesca Knowles wrote:
HEADS UP- THE O.P.HAS POSTED A CLARIFIER!
See quote below

Restrictive covenants begun in 2006 to run with the land for 25 years with a possible 5 year extension...

Shoulda turned up in the Title search: go after the Title Insurance company, O.P.!

Assuming of course you bought Title Insurance-?

Did you miss the part where he bought the home "SHORT SALE" ..:h...
different rules apply to short sales.....Dennis

:h Back atcha!

Title Insurance is something a prudent buyer buys no matter the "type" of sale. There can't be any "rule" limiting one's right to do so...

I wouldn't buy the Family Farm from my own Mother without Title Insurance!

I guarantee a title search was required by the lender.

HOWEVER, the lender is not interested in covenants. They are only interested in title chain and claims to the title.

[Francesca_Knowl]

Executive wrote:

Francesca Knowles wrote:
HEADS UP- THE O.P.HAS POSTED A CLARIFIER!
See quote below

Restrictive covenants begun in 2006 to run with the land for 25 years with a possible 5 year extension...

Shoulda turned up in the Title search: go after the Title Insurance company, O.P.!

Assuming of course you bought Title Insurance-?

Did you miss the part where he bought the home "SHORT SALE" ..:h...
different rules apply to short sales.....Dennis

:h Back atcha!

Title Insurance is something a prudent real estate buyer opts for no matter the type of sale. There can't be any "rule" limiting one's right to do so...

I wouldn't buy the Family Farm from my own Mother without Title Insurance!

[Old-Biscuit]

Executive wrote:

Francesca Knowles wrote:
HEADS UP- THE O.P.HAS POSTED A CLARIFIER!
See quote below

Restrictive covenants begun in 2006 to run with the land for 25 years with a possible 5 year extension...

Shoulda turned up in the Title search: go after the Title Insurance company, O.P.!

Assuming of course you bought Title Insurance-?

Did you miss the part where he bought the home "SHORT SALE" ..:h...
different rules apply to short sales.....Dennis

OP used a VA Loan.......so I'd be completely taken aback IF title insurance was not only necessary but required by VA.
VA has tougher/tighter requirements than banks.

Be real interesting what Title Company has to say :H

[Executive45]

Francesca Knowles wrote:
HEADS UP- THE O.P.HAS POSTED A CLARIFIER!
See quote below

Restrictive covenants begun in 2006 to run with the land for 25 years with a possible 5 year extension...

Shoulda turned up in the Title search: go after the Title Insurance company, O.P.!

Assuming of course you bought Title Insurance-?

Did you miss the part where he bought the home "SHORT SALE" ..:h...
different rules apply to short sales.....Dennis

[AllegroD]

Francesca Knowles wrote:

Kiwi_too wrote:
........snip..... Buying property which is already a part of an HOA is where the OP is.

No-
He's bought property in a development with Restrictive Covenants. An entirely different thing from an HOA, but no less binding.

And since the Covenants were in place when he bought the property, he must abide by them. His only recourse is against the Title Company that must have failed to uncover/reveal them to him before he signed on the dotted line.

OK.

[wny_pat1]

Francesca Knowles wrote:
HEADS UP- THE O.P.HAS POSTED A CLARIFIER!
See quote below

Restrictive covenants begun in 2006 to run with the land for 25 years with a possible 5 year extension...

Shoulda turned up in the Title search: go after the Title Insurance company, O.P.!

Assuming of course you bought Title Insurance-?

Usmcsousa wrote:
Sorry for unanswered questions, we live in good ol Mississippi (migrated from boston 4 years ago)
I got a legal copy of the covenants put into effect in 2006 by the development builders
It says it is good for 25 years plus 5 if the community agrees at such time.
lays with the land so by purchasing my home i've "agreed" to the terms.
any of the other homeowners can enforce these covenants through civil court and if i lose i will be responsible for all court costs.
Entirely cheaper for me to store my MH and sell my home for under market value( we bought a short sale) and really bring the value of the neighborhood down through comps.
May just find me some acres out of city limits and live by my own rules.

Should have done a title search anyway!!! Am amazed that all banks don't require it.

[Jean_S]

About 4o years ago, a developer bought a large chunk of land from my grandfather and built a bunch of the 5 acres mini-estates-with-room-for-a-horse that were popular. Grandpa kept the peice of land that his house and well-drilling business was on. The new buyers must have seen grandpa's place when they drove in past the elegant new gates. He dug their wells. But they apparently thought that he would either be forced to comply to the neighborhood rules or be forced to leave. He did neither and they had no way to get rid of him or his equipment. When he finally retired, the country squire-wannabe's paid him nearly half again what his property and business were worth to get that land right outside their entrance gate and to make sure my uncle did not keep the business there.

[Francesca_Knowl]

Kiwi_too wrote:
........snip..... Buying property which is already a part of an HOA is where the OP is.

No-
He's bought property in a development with Restrictive Covenants. An entirely different thing from an HOA, but no less binding.

And since the Covenants were in place when he bought the property, he must abide by them. His only recourse is against the Title Company that must have failed to uncover/reveal them to him before he signed on the dotted line.

[AllegroD]

How do you force a current property owner to join an HOA that is being formed? I doubt it is possible in most states. Buying property which is already a part of an HOA is where the OP is.

[JimM68]

wa8yxm wrote:
So what you folks are saying is the old "Your millage may vary" and thus my advice to contact a professional, who knows the millage (Laws) in your community applies.

As I said (And the person who said "Why would I want to live in an area like that?" hit the reason for this on the head.

I think the seller should inform.. As some others have said the seller has to tell the buyer that an HOA exists.

I kind of suspect that did not happen in the O/P's case.

Question for the experts: What happens if you buy a house/property and subsequent to the purchase your neighbors form an HOA.

What happens if you live in a house for years, Flying the flag as the O/P has, and suddenly, years later, the HOA shows up when you have not heard of them before and did not even know they existed?

Question: HOW CAN HOA MEMBERSHIP BE MADE MANDATORY..

I would not purchase property if it came with a mandatory HOA.

At least in Illinios, you cannot form an Hoa after the fact and subject prior owners.

Our Hoa was sued over this, and lost.

[Francesca_Knowl]

Usmcsousa wrote:
Sure did, if im not mistaken it is a necessity for VA home loan.

Well, if they were properly filed, those covenants should be in the report. If they missed them, you've got a good chance of recovery against the Title Company.

File a claim with them- that's why they call it "insurance"!

[Usmcsousa]

Sure did, if im not mistaken it is a necessity for VA home loan.

[Francesca_Knowl]

HEADS UP- THE O.P.HAS POSTED A CLARIFIER!
See quote below

Restrictive covenants begun in 2006 to run with the land for 25 years with a possible 5 year extension...

Shoulda turned up in the Title search: go after the Title Insurance company, O.P.!

Assuming of course you bought Title Insurance-?

Usmcsousa wrote:
Sorry for unanswered questions, we live in good ol Mississippi (migrated from boston 4 years ago)
I got a legal copy of the covenants put into effect in 2006 by the development builders
It says it is good for 25 years plus 5 if the community agrees at such time.
lays with the land so by purchasing my home i've "agreed" to the terms.
any of the other homeowners can enforce these covenants through civil court and if i lose i will be responsible for all court costs.
Entirely cheaper for me to store my MH and sell my home for under market value( we bought a short sale) and really bring the value of the neighborhood down through comps.
May just find me some acres out of city limits and live by my own rules.

[2oldman]

Gettin' pretty far afield from a Motorhome thread.