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onlydarksets · 12-15-2007, 08:05 PM

Just to be clear - I do corporate transactional law, and I hated property in law school. So, although I am a VA attorney, I don't deal with this at all.

That said, what you may have here is an equitable servitude. Basically, that means a developer can put an HOA obligation with the initial purchasers' deeds, and then it doesn't have to be included in subsequent purchasers deeds. In order to determine this, you need to have someone do a title search to pull up all of the prior deeds, and then review each one for the HOA language.

Again, though, you can contest it without an attorney. At the least, tell them that you don't have any record of such an obligation, and you would like to know what they believe the basis of their authority is. That will at least help you figure out where to look.

12-15-2007, 08:05 PM	#20
onlydarksets Playmaker Join Date: Nov 2004 Location: all up in your business Posts: 2,693	Re: Homeowner's Association Question Just to be clear - I do corporate transactional law, and I hated property in law school. So, although I am a VA attorney, I don't deal with this at all. That said, what you may have here is an equitable servitude. Basically, that means a developer can put an HOA obligation with the initial purchasers' deeds, and then it doesn't have to be included in subsequent purchasers deeds. In order to determine this, you need to have someone do a title search to pull up all of the prior deeds, and then review each one for the HOA language. Again, though, you can contest it without an attorney. At the least, tell them that you don't have any record of such an obligation, and you would like to know what they believe the basis of their authority is. That will at least help you figure out where to look. __________________ Stop reading my signature.