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Tuesday, June 15, 2021











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Subject: Custom Builder did not comply with covenants
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Author Messages
RonnieJ
(Virginia)

Posts:1


06/02/2021 1:25 PM  
Is it the Builder or the Home Owner who is at fault?

AugustinD


Posts:600


06/02/2021 1:32 PM  
Posted By RonnieJ on 06/02/2021 1:25 PM
Is it the Builder or the Home Owner who is at fault?

Because I am not aware of any requirement for a Builder to go pull up the covenants for a subdivision, I vote for the blame being placed on the home owner. Per the courts, an owner is "on notice" of covenants as long as the covenants are on file with the county.

Arguably the builder should have known better. But I am doubtful much fault could legally end up being assigned to the builder.
LetA
(Nevada)

Posts:1244


06/02/2021 2:07 PM  
What specifically are you citing about the builder? Yes the builder should know better, Ultimately the burden is on the homeowner. Please let us know what the issue is. Are you a board member? What does your fellow directors have to say?
KerryL1
(California)

Posts:8123


06/02/2021 4:33 PM  
Please give us some details, Ronnie.

Is "the Builder" the original builder of your HOA? Or someone an owner hired?

If the latter, isn't there an architectural committee or some such, or maybe the Board, which approves whatever was built?

We don't expect the various so contractors to know our CC&Rs. But we do have several pages on our Architectural Request forms that they must sign.

Still, it's the Owner's responsiibility to abide by the covenants and any architectural guidelines.

TimB4
(Virginia)

Posts:17609


06/02/2021 10:01 PM  
Posted By RonnieJ on 06/02/2021 1:25 PM
Is it the Builder or the Home Owner who is at fault?






Both.

The owner is responsible to have plans that comply with the covenants.
Hopefully the owner submitted the plans for approval prior to building (if not, the owner is definitely at fault).

If the owner did submit plans and the Association signed off on them, providing the builder built to the plans approved by the Association, the owner might have some recourse with the association.

If the owner did not submit plans OR the owner made changes and didn't get them approved ahead of time, then there is a major issue and I would suggest consulting with an attorney.

CathyA3
(Ohio)

Posts:2021


06/03/2021 5:31 AM  
Too open-ended a question.

The bottom line, though, is likely to hinge on the fact that the homeowner is the one who signed a contract agreeing to abide by the CC&Rs while the builder probably did not. This could be different if community is still in the development stage and the builder is putting up spec homes.

This means that responsibility for fixing the issue(s) probably lands on the homeowner unless the owner bought one of those spec homes - in which case the homeowner may have a reasonable argument for builder responsibility. But a lawyer would have to answer this question after reviewing all of the relevant legal documents.
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Forums > Homeowner Association > HOA Discussions > Custom Builder did not comply with covenants



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