Legal Question in Real Estate Law in Missouri
Subdivision Associations
When I purchased my house the contract stated no subdivision association fee. About 1 mo after moving in someone knocked on the door to collect a subdivision fee. My legal description does say my house is in the same subdivision as the Association's name. They also gave my a copy of their revised by-laws filled with ridiculous restrictions. They are voting next week to approve these new by-laws someone has come up with. Am I legally obligated to pay their ''Subdivision Improvement Association'' yearly fee and abide by their restrictions? I live in unincorporated St. Louis County.
1 Answer from Attorneys
Re: Subdivision Associations
You need to obtain a copy of the title report that was generated when you purchased the home. Perhaps you have a claim under the title insurance policy. Otherwise, go the the County Recorders office and see what is encumbered on your property, i.e. is the Subdivision's interest listed and recorded. You might be able to do this search online. Contact the County Courthouse,and ask how you might examine the liens and easments on your property.
Generally, if the subdivision does not have arecorded interest on your propertym you are not subject to the restrictions and fees. If the subdivision's interes tis recorded, you might be subject to the fee and restrictions.
Under the facts you describe, I know of no significance that you are in an unincorporated portion of the county.
Good Luck,
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