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I live in an area with a voluntary HOA - what does that mean "legally'? Am I bound by their covenants?

Colorado Springs, CO |

I was not told there were covenants when I purchased the property and home. I have contributed to dues in some years because of activities they were promoting in the community - ie: trapping of coyotes, and trash bins to promote neighborhood cleanup. There are not group amenities that are paid for with the dues, like a pool or community land for a park. Am I legally bound to abide by the covenants?

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Attorney answers 3

Posted

That depends on many more facts and review of the governing documents. Hire an attorney.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

Posted

Whether you are bound by the declarations depends upon the language of the declarations or other agreements. The relationship between the HOA and its members is a matter of contract. You will need to read the contract, and most likely have a lawyer assist you in this matter. Good luck!

This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.

Posted

Most likely the answer is going to be determined by the deed records coverning your home. In most areas, if covenants are recorded on the county deed records and your purchase after they are recorded, you are bound by the covenants whether you knew they were there or not. Of course you could be in a situation where you are not bound, but you probably need to consult with a local real estate attorney who can review teh records and advise you.

This answer is for general purposes only, and it does not create an attorney-client relationship.