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Marc Edwin Empey

Marc Empey’s Answers

1 total

  • Prior to purchasing a home, is an HOA required to disclose special rules concerning individual homes to prospective buyers?

    We purchased a property with an original (1973) roof mounted A/C. Soon after, we replaced the A/C with a more efficient and quieter one. We were promptly notified by the HOA that we were in violation of their rules which state no A/C's can be in...

    Marc’s Answer

    The short answer is NO. The HOA is not a party to the transaction and has no independent duty to point out that provision in the CC&R's to the Buyer. It is the seller's obligation to make certain mandated disclosures and documents (including the CC&R's) It is doubtful that there are any grandfather provisions in the CC&R's and in any event "grandfather" clauses are typically designed to protect existing non-conforming uses, not replacements.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship

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