[dolphran]

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I just moved into a new community and there is apparently an HOA which I was never told and now the HOA wants me to remove a tree in my front yard. Is that even legal?? The tree was part of the reason why I chose this house to begin with.

[leon029]

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Sorry you’re having trouble with this. That sucks. I’ve had my fair share of battles with my home owners association and it was not pretty. The best advice I can give you is to just do what the association says. It might seem unfair but it is normal for an association to ask an owner to remove trees or plants or things like that. If you don’t comply you can get fined and those fines can really add up over time.

[anthony_s2]

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I’ve encountered far too many situations like yours where the seller either intentionally or unintentionally left out the fact that there is an HOA governing the house. You might be able to file a claim against your attorney or real estate agent for not doing their due diligence in finding out that there was an HOA. Outside of selling your home and moving out, I’m afraid there is nothing you can do to opt out of membership (if it is a mandatory HOA, which most usually are).

[dolphran]

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It is absolutely nuts that I have to go through all of this. It is unfair and should be illegal. I have been trying to get in touch with the seller’s agent but I am also speaking to my agent right now. I already moved in so moving out and finding another house all over again is just too much work for me right now I can’t handle it. Absolutely devastated.

[dolphran]

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Update: I have removed the tree but I am in the middle of trying filing a claim against my real estate agent.

[anthony_s2]

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Good luck!

[Dell]

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dophram,
Have you read the covenants, conditions & restrictions (CC&Rs) for your lot? Nationwide these are usually recorded with the county clerk. The courts say this is public notice to all who buy a lot, that is covered by the CC&Rs, that CC&Rs apply.

The courts say that covenants are contractual terms with which all must comply.

Many states require that sellers disclose the existence of a HOA before closing. Are you sure the seller never disclosed this to you?

If you indicate your state, I might be able to shed more light on this for you.

[Author]

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