Legal Covenents?

I built my home in June 2004(first home in the development). At that time, they did not have bylaws, covenants, etc. in place. So, we never signed any documents. The existing covenents did not go in to place until a year after we moved in. My question is, are we (and the other neighbors building at the same time we did) legally tied to the covenents even though we never SIGNED anything?

Thanks!
Rennee

Rennee,

The answer to your question should be stated on your deed. If your property is subject to covenants the deed should say "subject to deed restrictions" or something to that effect. You are not required to sign any papers to be subject to the covenants, just the fact that you purchased deed restricted property automatically makes you liable to uphold them.

In AZ the gov docs must be available to the first home buyer. In fact the CCRs are required to be given to all potential buyers and they cannot sign a purchase contract until they have been given them and had a chance to read them. When we purchased a new home we were given the CCRs and asked to take them home, read them and come back the next day if we still wanted to purchase. Of course each state has their own laws and, sadly, some states have no laws regarding this.

Rennee,

When you bought your home, because you were the first one, many purchasers are not fully made aware of the Deed restrictions because of carelessness on the part of the real estate agent or developers agent. It's sort of like the--"oh yeah, I forgot to tell you" story. You are part of the developement and that will mean that you also are under the CC&Rs and must be a part of the association. That will include paying assessment as well if they are established. You should have been told that this was a Deed Restricted Comminuty when you bought.