Homeowners often buy a home because they love the look or the layout or the location. Often the last thing considered when deciding when to buy a home is whether there is a homeowner’s association. This can be a huge error to overlook. Prior to buying a home it is essential that a homebuyer read through the Covenant, Conditions, and Restrictions (CCRs). CCRs will reveal the rules and guidelines of which you will be expected to obey once you purchase the home.
Have you ever asked yourself, “How can an HOA tell me what to do with my property that I own?” You are not alone. The answer to the question is complicated. Many laws in the United States come from English common law. When a property owner owns land with no restrictions it is possible for him/her to impose restrictions that run with the land when the land is passed down or sold.
Subdivision Builders will purchase a large piece of land and then subdivide the land into individual parcels. Prior to selling the parcels the builder records the subdivision CCRs. Once the CCRs are recorded, any subsequent buyer is on notice that they are subject to the CCR terms.