Legal Question in Real Estate Law in Georgia
HOA created after home purchase
When I purchased my home there were no covenants or restrictions on my property, I explicitly checked. Some of my neighbors have recorded an HOA agreement with the county that refers to all lots within our subdivision. This document reads as if it applies to my property and these individuals are entering into contracts in the name of the subdivision. I am concerned that I could be held liable for their actions. How should I protect my family and my property?
2 Answers from Attorneys
Re: HOA created after home purchase
Absent your written consent your lot is excluded from any restrictive covenants filed after you acquired title unless, of course, there is something in your chain of title that expressly contemplates the recordation of covenants in the future. Even in that case, it's not automatic that your property would be subject to the restrictions.
Re: HOA created after home purchase
You should have an attorney review all the documents. Ordinarily, you cannot be involuntarily subjected to covenants filed by other property owners. However, attention needs to be paid to the deed whereby your developer sold the lots to the builders. There could be some language in there that could impact your property. Also, these so-called covenants need to be investigated to see under what authority do they claim that they apply to all the lots in your subdivision.
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