Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: I’d contact your real estate agent first, and see if you can informally work something out. Failing that, get yourself to an attorney.
