HOA not disclosed until closing

I'd gather up your neighbors and hire a real estate lawyer versed in condo law. You are going to need it to guide you all through the process of setting up your HOA.

But don't get in a panic until you see how this all fleshes out. If the roads are not crumbling and/or unpassable, then there is time to establish a reserve fund and get a plan for their maintenance.

PS - It's not true that your home is going to be more valuable or saleable if it is not in a HOA. The person that wrote that has a specific opinion and slanted viewpoint.

Doesn't sound like you did your homework before purchasing this foreclosure. If you did due diligence, you would have found out it was part of an association and asked for the proper paperwork long before the closing.

Do we have any recourse? No. You should have done better job investigating the house before you bought it.

This one sentence is the problem. The reality is, you were not stuck signing.

You stated that the Realtor failed to disclose this fact and actually told you there was no HOA. The Realtor may have been mistake or flat out lying. Either way, you were told about it prior to finalizing the purchase of your home (granted at the last possible moment but you were still told).

I certainly do not agree to the process you were put through. I don't think anyone on this forum agrees with the process you endured. However, that doesn't change the facts.

You chose to continue signing the paperwork vs. stopping the process, telling them that this is the first you were told about it and will not sign until you have an opportunity to review and consider the Associations Governing documents. Some States actually have laws that allow you to back out of a deal once the Knowledge of an HOA is made known and governing documents delivered. However, those time frames are short (in VA you have 3 days to decide). However, most States do not have any such law and it is left to the normal buying process.

As someone pointed out your could, and in my opinion should, file a complaint against the Realtor and the Real Estate Company. What, if anything, that will get you financially I do not know. I am fairly certain that you will not be able to back out of the actual purchase. I am fairly certain you will still be part of the HOA in what ever form it becomes, as you did purchase the house and signed a document saying you were made aware that the property was within a community subject to an HOA.

My suggestion would be to become involved in the HOA as it is being formed.

I know that this isn't what you wanted to hear. I'm sorry about that.

I am not an attorney and I do not work within the legal profession. I am offering advise based on the information in your posting, personal experience, research and, hopefully, some common sense. I hope it helps.

Tim

This is a very strange situation, and maybe I don't understand it. Either you have bought into an HOA, or you haven't. At closing, did you receive a copy of the HOA bylaws? Articles of Incorporation? Covenants and Restrictions? Rules & Regulations?

Rob

Rob I received none of those. Monday when I am back at work with access to a scanner I will attach what I did sign. It says "ingress is by means of private roads maintained by the Condominium Association". And That the title policy will have the following exceptions, one being "Provisions of the By-Laws and Jurisdiction of the Condominium Association as more fully set forth in the recorded Master Deed". That is the only reference to HOA in any closing docs.

Donna I will do that - thanks for the tip.

Glen it is a detached single family home (by appearances) it is listed as a site condo. No, I did not "suspect" (until closing)there was an association after being repeatedly told (in writing) that there was not. Your second statement was a little odd - did I criticize something?

Lol - Glen I apologize!