HOA Deed Restriction

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Latest post 01-06-2011 1:49 PM by adjuster jack. 4 replies.
  • 01-06-2011 1:26 AM

    HOA Deed Restriction

    With approvlal of our HOA we added a room to our villa.  They insisted we record a Deed Restriction stating the current and future owners agree:

    "1)to be totally responsible for maintenance, insurance and upkeep of this imporvment per the plan approved by the Board.

    2)we further agree that the HOA shall not be responsible for any upkeep of said improvements, which improvemnts shall at all times be maintained and insured by the undersigned or future owners."

    The addition was built and painted in 11/2009 as per the Board's approved plan.  SIX months later the HOA had all units painted and re-roofed and when they did this they also ripped off our room addition roof and painted the exterior - even though the addition was only SIX months old!

    They then sent a letter stating "in keeping with the approval agreement and Deed Restrictions".. :"you are responsible for all exterior maintenace Based on the invoice the Board received from the painting company your portion of the cost is $426.88." 

    We objected to this additional cost in writing, pointing to the actual wording of the Deed Restriction.  WE are responsible for the mainentance and NOT the HOA.  We believe they had no right to re-paint the additon and charge us.

    In response to our written objection they stated "it is the Board's responsibility to make sure all exterior parts of the buildings have a uniform appearance and the Covenants state the Board is responsible for the exterior painting of all units.  It further states that "A Homeowner shall not have the right to paint the exterior portion of the building on any Unit. Althought it is written on your Approval agreement that the addition owners are totally responsible for all maintenance and upkeep, the Covenants direct the Board to set up a schedule when maintenance is required." (If the Homeowner does not have the right to paint the exterior, why would they require that in their Approval Agreement. We had to use the exact brand and color used on all units, which we did and in fact used the same painting company that the HOA uses.)

    I'm sorry this is so long.  My question is:  What has priority in this HOA situation - the By-laws, Convenant or Deed Restrictions?

    Thank you for your comments.



  • 01-06-2011 9:18 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,583

    Re: HOA Deed Restriction

    Laymans guess:

    I see your point and there is some sense to it--but I can also see the alternate intrepretation.

    The practical problem is you agreed to live under the sometimes tyrannical rules of a HOA and as such they have about 99% of the leverage.

    You cannot start a war over $500 and expect to come out ahead on this one and you may find that other rules stick you with fines and costs if you don't pay as directed.  .

  • 01-06-2011 9:25 AM In reply to

    Re: HOA Deed Restriction

    I agree.

    You've been skunked by an HOA.

    Won't be the last time.

    Your choice: Live with it or sell it and buy a place with no HOA.


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-06-2011 1:22 PM In reply to

    Re: HOA Deed Restriction

    I agree there is not much I can do as an individual and $500 is not worth a big fight but I'm concerned over future issues and this involves 10 out of 70 units. They could have tried to sock us for the cost of the new roof they stupidly put on.

    That's why I'm wondering legally what document takes priority.

  • 01-06-2011 1:49 PM In reply to

    Re: HOA Deed Restriction


    That's why I'm wondering legally what document takes priority.

    The CC&Rs and bylaws take priority.

    Chances are that the HOA documents were drafted by an attorney based on documents that have been tried and proven in court.

    When Ben Franklin said "Those who give up freedom for security, deserve neither" he didn't realize he was referring to HOAs.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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