What's law says it?

Started by DanielW5 • 5 replies • 1310 views

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DanielW5 (South Carolina)
Posts: 4

Posted:

I know that it is a law that once an HOA is established in a neighborhood the all homes purchased in that subdivision from then on must join the HOA.
But for the life of me I can't find the actual law that says that.
Does anyone else know what I am referring to?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Convenants and Restrictions? We call the CC&R's. They go with the deed of the property sold once filed by the developer. What kind of law you referrimg to? The police is not going to arrest anyone for a HOA violation. Illegal or against the law means something different in a HOA?

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

It's not a law.

It's the fact that restrictions were placed on the property and attached to the Deed. Typical restrictions are easements. However, there have been restrictions placed on commercial property by the previous owner restricting the type of business that may be operated there. In the case of Associations, the deed restrictions are your CC&Rs.

See the following for more information:

“You Can’t Do That!” from an attorney's website

Deed Restrictions Law and Legal Definition from uslegal.com

10 Deed Restrictions That Could Ruin Your Dream Home from how stuff works web site.

PUBLIC AND PRIVATE LAND USE REGULATION: ZONING AND DEED RESTRICTIONS a 27 page paper from a TX law firm.

DanielW5 (South Carolina)
Posts: 4

Posted:

The courts will not enforce your HOA's Bylaws.
But there are laws and/or regulations that govern the formation of HOA's.
What I was referring to is in fact found in the master deed for our subdivision. It allows for future development and building of new homes.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Daniel

I am not nor do I play a lawyer.

Many Covenants (Deed Restrictions) do leave it open for the Declarant to add new sections as in continue to developing/building thus probably never meeting the requirement to turn the HOA over to owners.

A classic example of this in SC is Del Webb Sun City Hilton Head (Bluffton). They (Pulte Brothers) keep buying land and adding sections (all under the same HOA) to Sun City. Some say they will never stop. They have been going at it since 1995 with the merger of Del Webb and Pulte Brothers taking place in 2001.

Our Declaration of Protective Covenants has the following statement, excerpted:

....Declarant has the right, but not the obligation, to subject other real property to this Declaration....

In our case there was always a Phase I and Phase II but initially only Phase I had been approved by the county. I was one of the first homes in Phase II and we got delayed a bit while getting Phase II approved.

We are presently working with the Declarant to turn over the HOA to the owners on 01-01-2105 but as I read it, he could buy more land and open up Phase III. Physically cannot happen as there is no undeveloped land to purchase.

Hope this helps.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We had that option too in our documents. We had a right to purchase more property if we wanted or needed. However, one never has to use that option. We never needed it or had the money. It was a good thing just in case say a property close by opened up for adding parking or additional houses.

I think the language was just left over from when the developer ran us. Alot of times when developer is removed only addresses and voting system changes are made. Smaller details like not being an owner to be a member or buying more land etc... Can be overlooked and just adopted as gospel or law...

Former HOA President

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