Legal Question in Real Estate Law in Georgia

Home owners association agreements

We just purchsed our home in December - prior to occupying the residence we were not provided a copy of the convenant (home-owners asssociation agreement). We never received a copy until we contact the HOA to advise that we would not pay the fee without knowledge of what the agreement indicated. Upon receipt of the agreement - there are several items specified that we do not agree with and would have not purchased the property if we knew in advance the requirements of the agreement. My question is are we binded to the agreement? Is there a law the stipulates that we should have had prior notice of the details of the agreement before purchasing the house so that we could have made a better informed decision?

Thanks


Asked on 4/29/06, 7:24 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Home owners association agreements

You didn't say, but if covenants were properly recored in the RE records and you had notice (actual or constructive), you have no basis for a complaint. Much like the house itself, it is your obligation to inspect before you agree.

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Answered on 4/29/06, 7:40 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Home owners association agreements

I represent a bunch of HOA's. Here's the deal: Unfortunately, there is no law that requires that you be told in advance that there are covenants. Nevertheless, you are bound by them. Having said that, I would advise you to contact your closing attorney and demand why you were not told of the covenants. If you would like to to discuss further, please feel free to call me.

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Answered on 5/10/06, 5:27 pm


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