Help please on home/property question

[punk-a-doodle]

A property I am in the process of buying was listed as not having any HOA or covenant. My title company pulled up an old document from the 80s that shows covenant restrictions that are still technically in place. No one in the neighborhood follows these restrictions. I called the county office to see what I need to do to get the covenant restrictions voided, and they said the do not handle that at all and that I would need to speak to the HOA and covenant. There is no HOA or covenant to speak to in this neighborhood, BUT it was never officially disbanded either. I don't want to buy a property and have livestock restrictions become an issue, but don't want to walk away from it if I don't have to. There have been no reports of violations of these restrictions since at least 1985. What the heck do I do?

The document says a majority vote from the residents can officially kill these restrictions, but who records that vote if not the county and if no HOA? :/

Ps. Many of the lots have been redistributed in a way that say, a person may own three connected lots with one of them being part of this old covenant and two that are not.

 

[duckinnut]

The HOA may have gone belly up even though it wasn't officially disbanded. The homes may have been bought and sold a few times, I would look into the real estate records to find how many times each of the homes were sold. How many homes are there? I know here in Mass HOA's are responsible for all the upkeep from utilities, roads including plowing of course that is if it snows where it is. Also here in Mass if the town adopts the road the HOA is defunct. I would call a lawyer or if you have an approval on a mortgage they will have someone investigating the property. Call the lender ask for the lawyer that is doing the legal work as you are paying for them and you are entitled to that info as it relates to the HOA or covenant.

 

[Fred's Hens]

The HOA may have gone belly up even though it wasn't officially disbanded. The homes may have been bought and sold a few times, I would look into the real estate records to find how many times each of the homes were sold. How many homes are there? I know here in Mass HOA's are responsible for all the upkeep from utilities, roads including plowing of course that is if it snows where it is. Also here in Mass if the town adopts the road the HOA is defunct. I would call a lawyer or if you have an approval on a mortgage they will have someone investigating the property. Call the lender ask for the lawyer that is doing the legal work as you are paying for them and you are entitled to that info as it relates to the HOA or covenant.

This!!!!! Very few of us are lawyers.

 

[duckinnut]

This!!!!! Very few of us are lawyers.

Exactly. I gave a few possible scenarios and what goes on in my state. I am currently investigating HOA's as there is a new sub division going in abutting my property. With a rain water collection pond right next to me. My fear is that it is going to turn into a mosquito pit if the water doesn't drain as they claim. The upkeep will be in the hands of the HOA and believe it won't be a priority to them. Sometimes lawyers do have usefulness.

 

[punk-a-doodle]

Thanks guys, but crisis over! I found out about the restrictions last night and we close in three days with a lot in on earnest money, so cue heart attacks. Buuuut...I just found out only our smallest lot of three is covered by the restrictions...the lot we were planning on putting a garden in and keeping the goats/chickens out of anyway. So, if they wander into there, we'll have to shoo them out to keep in compliance.

This just went from the most stressful news to the most hilarious.

 

[duckinnut]

Thanks guys, but crisis over! I found out about the restrictions last night and we close in three days with a lot in on earnest money, so cue heart attacks. Buuuut...I just found out only our smallest lot of three is covered by the restrictions...the lot we were planning on putting a garden in and keeping the goats/chickens out of anyway. So, if they wander into there, we'll have to shoo them out to keep in compliance.

This just went from the most stressful news to the most hilarious.

Congrats!!

Just sit down with the goats and chickens and explain where the boundaries are. They are good listeners I found but not much on the rules.