Responsibility of Violation From a Previous Owner in NC

Question:

We purchased our home while under different HOA management. The first owner (2016) installed a shed on the property. We received a notice that our shed requires an architectural application (that the first owner may or may not have submitted?).

I have two questions – is it our responsibility as the 4th owner of this home to submit an application to this new HOA for something that was built 8 years ago without any notifications/violations? We have not seen the application in the home buyer’s documentation. We also would’ve assumed that any home modifications would have been done legally as sale of the house included the shed during negotiations.

My other question – If the shed does not meet the current HOA covenant for any reason, do we, as owners, fall on that responsibility, eventhough we had no part in the shed’s installation and were under the impression that the shed installation was done within HOA guidance (seeing as the HOA never had issues until the new association came aboard 8 years later)?

Thank you!

– Phillip

 

Answer:

Hi Phillip,

It is important to ask the HOA board why they have decided to enforce the architectural violation now when the shed was built 8 years ago. You may also want to contact the previous owner of the home to ask if they received approval for the shed and if you can secure a copy of that document. It may be worth speaking to a lawyer to know what your options are.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

company logo
company logo
company logo
company logo
company logo
company logo
company logo
company logo