HOA fines new homeowners for violations from the previous owner: 'The guy we bought the house from had been fighting the HOA for YEARS'

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Ben Weiss • Writer and Editor
Oct 15, 2024 8:00 AM EDT

There's nothing worse than being forced to clean up someone else's mess. These new homeowners assumed everything was good to go regarding compliance with HOA rules and regulations. However, just three months after buying the home, they were suddenly slapped with a ton of HOA fees for violating the bylaws. They tried to communicate that they had not made any adjustments to the house since they purchased it and therefore should not be held accountable for violations that the previous owner must have made.

Well, it turns out, after some research, the previous homeowner had been engaged in a years-long battle with the HOA over a mere 8 inches of brick he added to his driveway that does not infringe upon anyone else's property in the neighborhood. Now, should the previous owner have resolved the issue or, at the very least, disclosed it to the new homeowners when he was selling the property? Absolutely, but why should the new residents have to suffer because of someone else's negligence?

Keep scrolling below for the full story. For more, check out this story of a homeowner's loophole to get out of his HOA.

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    Cheezburger Image 10416388352
    via Unsplash+ (Getty Images)
  • 02
    Our HOA decided to take out its anger about its past residents on us
    via DragonAge014
  • 03
    Hello all, my husband and I moved into our first home with the help of a VA loan in Illinois. We saw a paid assessment letter signed by the HOA saying the house was free and clear of all violations.
    via DragonAge014
  • 04
    This apparently was not the case as 3 months after owning the home we received a notice of violation that our "addition" to our driveway was not approved.
    via DragonAge014
  • 05
    This came as a shock to us as we never did any construction on the driveway as we had only owned the house for 3 months, and had done zero additions to anything.
    via DragonAge014
  • 06
    Turns out the guy we bought the house from had been fighting the HOA for YEARS regarding his addition of walkways to the driveway.
    via DragonAge014
  • 07
    The HOA signed paperwork that said the house was not violating any of its guidelines. Our HOA is headed by some corporation and the point
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  • 08
    of contact for them was shocked that the house was ever allowed to be sold and had put a freeze on any fines.
    via DragonAge014
  • 09
    Our lawyer called the corporation that speaks. for the HOA and found out that it was the actual board pushing this and not them.
    via DragonAge014
  • 10
    All of this is over 8 inches of brick that doesn't infringe on anyone's property. We are in contact with a few law firms but we don't want to have to deal with years
    via DragonAge014
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    of litigation and bulls for the original seller to not even be able to foot the bill.
    via DragonAge014
  • 12
    This right here is what myself and the courts like to call 'their problem'. They signed off on it, they can't retroactively fine you and say it's violating HoA rules now.
    via DragonAge014
  • 13
    Unfortunately you only have two options, avoid a court case and bow to the HOA's whims
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    (I do not suggest this option), or take it to court and watch your lawyer and Judge beat the living. snot out of the HOA's
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    lawyer and board of directors (it's more costly and will be a headache but I highly suggest you pick this option. It will save you a ton of hassle in the long run).
    via DragonAge014
  • 16
    Pleasa... Pay a lawyer to send the HOA a letter, including the letter signed by the HOA saying the house was free and clear,
    via DragonAge014
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    and explaining that the time for raising this issue was prior to the completion of the sale. The HOA
    via DragonAge014
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    had their chance to force the seller to resolve the problem but chose not to. That's their right but they can't give you a signed letter of release then come back later.
    via DragonAge014

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