Posted by dealmaker on October 05, 2006 at 14:58:56:
AFAIK covenants have the FORCE OF LAW, unless they’re trying to enforce something illegal, like the old ones barring selling to my blacks, Jews etc.
That said, in many cases the developer sets it up so that UNDEVELOPED lots have 3 votes per lot and developed lots have one vote each. Hence the builder “could” possibly change the rules mid-stream.
Unless that is the case I would tell the builder that you WON’T be closing unless and until the house meets LOCAL CODES. Otherwise the day after closing the HOA could come up and say, “OK Wendi, you have 30 days to bring your house into compliance, or we’ll do it and bill you for it, and/or fine you for being out of compliance”.
Time to find out from an attorney what kind of situation you’re in, not from an internet stranger.
Our new house is almost finished and the builder is now saying that they will not honor the covenants about how much landscaping is to be done by them on each lot - they are the only builder for this subdivision, bought out the original builder. Can they legally do this?
Posted by dealmaker on October 05, 2006 at 15:00:33:
AFAIK covenants have the FORCE OF LAW, unless they’re trying to enforce something illegal, like the old ones barring selling to blacks, Jews etc.
That said, in many cases the developer sets it up so that UNDEVELOPED lots have 3 votes per lot and developed lots have one vote each. Hence the builder “could” possibly change the rules mid-stream.
Unless that is the case I would tell the builder that you WON’T be closing unless and until the house meets LOCAL CODES. Otherwise the day after closing the HOA could come up and say, “OK Wendi, you have 30 days to bring your house into compliance, or we’ll do it and bill you for it, and/or fine you for being out of compliance”.
Time to find out from an attorney what kind of situation you’re in, not from an internet stranger.