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Old 08-06-2003, 02:56 PM
Vox Humana
 
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Default garden police gone wild?


"Wendy Chatley Green" wrote in message
...
For some inexplicable reasons, "Vox Humana"
wrote:

: HOA rules are on file in your county
:courthouse. You should ask to see a copy before you sign the planned

unit
:development rider at closing.

I've lived in three communities with HOAs. For each
transaction, the HOA and/or the sellar had to give us a copy of the
association's rules so we had time to read through them before the
closing.


That doesn't seem to be a equipment in Ohio. You do have to sign a Planned
Unit Development rider at closing. As with any legal document, you should
know what you are signing and ask questions. Giving the buyer the rules is
a good idea that could keep you out of hot water later should the buyer
claim that you failed to disclose that existence of a HOA.

We had a case in our development where a home buyer drove a commercial
truck. He asked the realtor if it was OK to park the truck in the driveway
because it wouldn't fit through the garage door opening. The realtor,
Coldwell Banker, assured him, in writing, that he could park the truck in
the driveway. Unfortunately not only was it against the covenants and
restrictions, but also against township zoning regulations. Coldwell Banker
had to get permission from the association to modify the garage door opening
to make it taller and then install a larger door after the homeowner
threatened litigation. Strangely, after all the fuss, the owner still
refused to park in the garage. Despite the fact that he knew that the
association had rules that were enforceable, he pushed the issue. The
association got a court order that prevented him from parking in the
driveway except for five hours a month to allow him to wash the truck. If
he violates the order, not only can he be fined by the association, but he
would violating a court order.


 
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