French Patio Door violation

Started by SocalS • 3 replies • 1341 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

SocalS (California)
Posts: 1

Posted:

hi there!
I recently bought a condo and came to know of a violation on the condo one day before closing. the previous owner had a french patio door installed without approval. He tried to submit an application later but could not get an audience with the BOD. He mentioned about the door during the inspection in passing and mentioned that the application is pending ( which wasnt true). I was more than happy with the door as it's really helpful for handicap access. I have an uncle who visits us every weekend and hes wheelchair bound. I thought this could be easier for him if he ever wished to go to the patio. The Board requested for a hearing after closing but never sent me the notice for the hearing. I knew about the hearing in the first place only through the online community portal. I received a mail later that a fine was levied on the unit as i was not present for the hearing and that since there was no compliance. I requested for a hearing with the board for next week to discuss this violation. Any tips on how i can approach this? I am a first time home buyer and was not aware of some of the nuances of owning a home with HOAs.

SheliaH (Indiana)
Posts: 6,964

Posted:

Go to the hearing and explain what happened with the previous owner and why you'd like to keep it. Tell the board you're new to HOA living and really want to do the right thing, acknowledging that in hindsight, you should have insisted that the previous owner resolve the door issue before closing. Since you didn't get the hearing notice, explain what happened there and be sure all your contact information is complete and accurate, as there could have been a mishap on their part.

I can't guarantee how they'll react, but if you approach it with the attitude that you want to do the right thing, hopefully, the board will be understanding (perhaps they have some history with this owner and know how underhanded he could be). This might also be a good time to check if there's anything else regarding exterior changes this homeowner made that you weren't aware of - since it's your house now, it'll be your responsibility to fix, but if you show you're making the effort to be a good neighbor from the start, the board should respect that.

I don't know if it would be worth it, but if you're really honked off at the previous owner and can find him, I suppose you could try to go after him in Small Claims court for misrepresenting the door (if you can prove he said the application was pending)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By SocalS on 08/02/2017 4:36 PM
hi there!
I recently bought a condo and came to know of a violation on the condo one day before closing. the previous owner had a french patio door installed without approval. He tried to submit an application later but could not get an audience with the BOD. He mentioned about the door during the inspection in passing and mentioned that the application is pending ( which wasnt true). I was more than happy with the door as it's really helpful for handicap access. I have an uncle who visits us every weekend and hes wheelchair bound. I thought this could be easier for him if he ever wished to go to the patio. The Board requested for a hearing after closing but never sent me the notice for the hearing. I knew about the hearing in the first place only through the online community portal. I received a mail later that a fine was levied on the unit as i was not present for the hearing and that since there was no compliance. I requested for a hearing with the board for next week to discuss this violation. Any tips on how i can approach this? I am a first time home buyer and was not aware of some of the nuances of owning a home with HOAs.

I would attend any hearing if you are called to protect you interests and property as purchased. Potentially if the HOA had an issue (at least in my State) it should have been addressed or brought to the attention of the purchaser in the documents provided by the HOA. This might be something to check with your Realtor and also your Title Insurance Company. If the HOA did not step up to the plate and note the issue "before" your purchase and if was an issue prior to purchase ... then it should potentially be too bad, so sad.

PitA
Posts: 1,416

Posted:

..... I suppose you could try to go after him in Small Claims court for misrepresenting the door (if you can prove he said the application was pending)

The application WAS pending.

The seller, however, failed to disclose the probable DENIAL of said application.

"No new taxes!"

? remember that promise ?

No mention of raising the EXISTING taxes.

Is CRITICAL THINKING no longer taught in our schools

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here