Declaration of Covenants

I lived in this community for 5 years. I never received Declaration of Covenants from the HOA. I re landscaped my front yard. It looks beautiful even if I say so myself. The HOA wants me to submit plans for approval. Since I didn't know the approvals were necessary do I have to go retroactive and submit the plans or can I argue I knew nothing about prior approvals.

Slavko, Florida

What John said. It was your responsibility to read the documents - you knew you were moving to a HOA community, so what did you think that meant?

I dont see where the HOA is ordering you to dig up the work - you should still have the plans and invoices that will provide enough information for you to draft the request. While you're at it, read the rest of your documents so you'll know what else is expected of you as an association member. Then go and sin no more

YES.

When you closed, your closing company should have informed you that your deed was encumbered with covenants. I suspect you even signed something in the closing paperwork that you were notified of that.

That said, closing companies make mistakes (mine did when I closed and told me that there were no covenants - I corrected them). Even if the company made a mistake, they do not have the power or authority to release your lot from those covenants. Hence, you need to comply with them.

If the company did fail to tell you, you might have a case to be let out of the contract. If you win, the home would be returned to the previous owners and you would have to find a new home. I expect that this is something you do not want to consider.

Since it has been 5 years since you purchased, I also expect you have been making assessment payments. If not, fix that now or there could be other issues. If you have been making assessment payments, you were aware that there was an HOA.

I looked, FL does have a disclosure requirement.

See:

Condominium and Homeowners’ Association Disclosures in Florida 2017 article

FL 720.401 Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.—

I expect the OP did get a disclosure statement. Unfortunately, the statement is only required to state that the covenants exist and are available - they are not required to be provided