Approx three years ago I purchased a vacant lot from a private party. The transaction was handled by a real estate agency. The lot has since been paid off and all homeowner association fees have been and are up to date. Recently the HOA advised me that a culvert, (that has been in place since before the time of the sale) was in violation of the covenants and would have to be removed at my expense. At the time of the closing the seller was required to obtain an estoppels letter from the HOA stating that there were no liens or other actions pending. Recent conversations with the previous lot owner revealed the HOA had previously attempted to require him to remove the culvert when he refused this (alleged) violation was allowed to continue with the HOA’s knowledge. Accordingly, my position is that since this condition has been condoned and allowed to continue by the HOA any expenses connected with this situation should be either born or shared by the homeowners Association.
Additionally, Harris County was requested to inspect and retrench the culvert area in July 2008. After the completion of their work there were no violations noted by the County.
