Question:
I just bought a house in Austin. We just closed two weeks ago. We did a search for any HAO in that area and the only document was from 1967. I just received in the mail documents saying there is a hoa with a yearly fee and included was a document filed stating there is no Short term rentals allowed. This was filed on the same day my loan closed. There are no other documents included saying who’s on the board, when are the meetings etc. What legal grounds do I have as I did not sign up for this.
It appears a couple of people decided to become in charge of this small area.
– Cynthia
Answer:
Hi Cynthia,
If the home purchased was a condominium unit, the Kentucky Condominium Act Section 381.9203(1) may apply, which states that the seller must have provided the buyer with a copy of the HOA’s documents before the execution of a sale. Section 381.9203(3) also states that the sale is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever first occurs.
However, there is no statute in Kentucky dedicated to homeowners associations. If the home you purchased is not in a condominium, kindly check the purchase agreement to see whether there are contingencies that allow cancellation after closing and see if they may apply. Kindly also verify whether none of the other documents provided mentioned the existence of an HOA. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
