My Home Owner’s Association is Holding us Responsible for Damage to our Fence Made Prior to us Moving in, Who is Responsible?
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Summary
The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration? |
“We purchased our home 9 months ago. The owners who lived here prior to us painted the fence and now the fence paint is chipping. Our HOA is now contacting us stating that the painting of the fence is a violation of the Declaration of Covenants and we are responsible for replacing the entire fence. This Declaration existed years before we moved in. Why should we be responsible? Should the HOA have held the previous owners responsible when they breached the Declaration?”
From the HOA’s perspective, you’re probably the correct person to go after, because you own the property NOW. However, that doesn’t mean that you might not be entitled to reimbursement from the prior owners, especially if they knew (or should have known) that they were acting in violation of the Declaration.
I’d contact your real estate agent first, and see if you can informally work something out. Failing that, get yourself to an attorney.
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For more on this subject check out these categories: Homeowners HOA, Property, Real Estate
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
