Legal Question in Real Estate Law in Tennessee
Home Owner Association
Can a HOA make me pay fines & sue me, if I never received a copy of the CC&R nor was the amount of the fines listed in my settlement papers when I closed on my home?
Asked on 6/29/08, 10:10 pm
1 Answer from Attorneys
Joseph T. Kirkland, Jr.
Kirkland, Rothman-Branning & Associates, PLLC
Re: Home Owner Association
Yes, the CC&Rs were of public record and probably mentioned in both the sellers property condition disclosure and your deed. You are bound by them if they are of record. As to how much you could be "fined" or the penalties you might have to pay, someone would have to review the documents to determine if the proper amounts were charged. They can be enforced by suit.
Answered on 6/30/08, 11:24 am
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