New homeowner gets hit with HOA violations because of unreported additions made by the previous owner: 'Turns out the guy we bought the house from had been fighting the HOA for YEARS!'

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Ben Weiss • Writer and Editor
Oct 30, 2025 2:00 PM EDT

This resident found himself having to pay for his previous owner's HOA violations.

Imagine finally getting through the arduous process of closing on a new home. You managed to find a place that met both your expectations as well as those of your partner. You've gone through all the paperwork, and everything seemed good to go. After all of the trials and tribulations, you were finally ready to move in, get settled, and be done with all of the overwhelming logistics.

Then, just a couple of months after you're all moved in and after you finally unpack your last box, you find yourself receiving an odd letter in the mail. That letter is a fine from your local HOA because of alleged additions you have made to your driveway that go against the rules and regulations outlined in the HOA bylaws. 

Well, that doesn't seem to make any sense given that you never made any additions to your driveway or to any part of your property. Then, you do a little digging and learn that the previous owner, who said nothing about this, was the one who made those additions. This is the predicament that this author found himself in…

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  • A couple carrying a large box and a plant in their new home.
    via Vitaly Gariev

    Image is representative only and does not depict the actual subjects of the story.

  • Luckily, because in all of the paperwork there was absolutely no mention of any outstanding violations, the author and his spouse were able to use this as leverage in order to get these HOA fines voided entirely. Apparently, in their research, they also discovered that the previous owner had been fighting these violations for years. Given that they didn't affect anyone else's property whatsoever, he felt that the violations were completely unnecessary and an overstep on the part of the HOA. That sounds about right!

  • "Our HOA decided to take out its anger about its past residents on us"

    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
  • 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
  • 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
  • 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
  • The HOA signed paperwork that said the house was not violating any of its guidelines. Our HOA is headed by some corporation and
    via DragonAge014
  • the point 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
  • 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
  • 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
    via DragonAge014
  • to have to deal with years of litigation and bulls for the original seller to not even be able to foot the bill.
    via DragonAge014
  • 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
  • Unfortunately you only have two options, avoid a court case and bow to the HOA's whims (I do not suggest this option), or take it to court
    via DragonAge014
  • and watch your lawyer and Judge beat the living snot out of the HOA's lawyer and board of directors (it's more
    via DragonAge014
  • 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
  • A couple sitting among moving boxes in their new home.
    via Vitaly Gariev

    Image is representative only and does not depict the actual subjects of the story.

  • Pleasant_Bad924 Pay a lawyer to send the HOA a letter, including the letter signed by the HOA saying the house was free and clear, and explaining
    via DragonAge014
  • that the time for raising this issue was prior to the completion of the sale. The HOA had their chance to force the seller to resolve
    via DragonAge014
  • 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
  • Ellionwy ⚫ I believe the legal term for this is estopple: "The principle which precludes a person from asserting something contrary to what
    via DragonAge014
  • is implied by a previous action or statement of that person or by a previous pertinent judicial determination"
    via DragonAge014
  • Meaning no backsies. Once they said there were no violations, there were no violations. That driveway was not in violation according to the HOA when they signed that document. Too bad for them.
    via DragonAge014
  • A couple sitting on the floor surrounded by moving boxes looking at their house key.
    via Vitaly Gariev

    Image is representative only and does not depict the actual subjects of the story.

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