Why did no one recieve their CCR's?

Started by TreH • 4 replies • 1923 views

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TreH (South Carolina)
Posts: 1

Posted:

Hi everyone, my name is Tre, I live in a very small area, in South Carolina, with only 15 lots. There is a ccr that was written by the developer but no one ever recieves them when buying the property. I had to go to the developer to recieve a copy and they are filed at the county building. So why is no one recieveing them? I had to make copies my self and pass them out just so I knew that everyone had one. Now one couple is selling there lot and I bet the next buyer who purchaces that place from the realtor will never recieve them either. What can be done?

ds111 (<Not Specified>)
Posts: 7

Posted:

Best person to ask is the closing attorney that closed on the lots purchased. In NC, when we close on a home/lot I have always seen a page you sign acknowledging the CC&Rs are part of the deed. A copy would be provided then.

ds111 (<Not Specified>)
Posts: 7

Posted:

PS - I guess the bottom line is that I would think any deed restrictions should be spelled out as part of the closing.

EdR (Texas)
Posts: 170

Posted:

I cannot speak for your state, but in TX, if a buyer is buying a home that was foreclosed on, for some ridiculous reason, they do not receive CC&Rs at closing from the Title Company. I used to copy mine for the new owner to save them the $150 that the MC would charge to give them a set, but unless your ACC person does that, you'll have to get a set from your MC. The most ridiculous thing is that the new owner shouldn't be penalized because the other didn't keep their house for whatever reason, but EVERYONE needs to have their deed restrictions and follow the rules. Of course, I've also seen some outrageous things take place and their excuse was that they don't have a copy. In TX, also we have to sign a PUD agreement (that we will abide by the deed restrictions or filing against us for that or not paying dues will cost us, maybe even our home) at closing on an regular mortgage (not foreclosed) home.
EdR

ClaireS (South Carolina)
Posts: 1

Posted:

I am HOA President in SC with over 100 homes. I make sure our Welcome committee delivers a copy with the Welcome basket. MOst of the time the attorney contacts me to make sure the fees are current on the property being purchased and at that time I make sure they have a copy to give at closing.
I keep copies to give to anyone that "claims" to not have a copy when I have to address a potential problem and HOA funds pay for them. Part of the budget.

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