Q:When I bought my house in Union County in 2010, I was told the homeowners’ association (HOA) for my community wasn’t a “legal” HOA and had no authority to enforce the covenants, conditions and restrictions (CCRs). I am building an addition now and the HOA is asking my contractor for information on the project. How do I find out if it has the authority to govern additions or changes to my house and lot?
A: You cannot always depend on what a sales agent or someone else tells you about the restrictive covenants. What matters is whether the CCRs you refer to were put on public record before lots were sold and homes were built in your community.
If so, the next question is whether your specific lot is covered by the CCRs. Finally, an additional inquiry is whether the CCRs contain architectural-control provisions that allow the HOA or…
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