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-   -   What can I do about unrecorded deed restrictions? (https://www.askmehelpdesk.com/showthread.php?t=637710)

  • Feb 20, 2012, 10:50 PM
    firehawk2010
    What can I do about unrecorded deed restrictions?
    We purchased our house in Florida in 2001, and the warranty deed has no restrictions. The other day I received a letter in the mail from what I thought was a voluntary HOA. Turns out that there were recorded deed restrictions in 1999 for the previous owner that were undisclosed and not listed on warranty deed. We do not want to live in mandatory CCR's, and can longer park where we want to, and other restrictions. What can we do?
  • Feb 21, 2012, 04:27 AM
    ScottGem
    Not a lot. I think it is too late to sue the previous owner for non disclosure. And this isn't a title issue so if you had title insurance it wouldn't cover.

    A HOA is rarely voluntary, I have to wonder why you thought that. You can try consulting a real estate attorney to see if the fact that they waited 10 years to inform you makes a difference.

    Otherwise you are probably stuck with restrictions.
  • Feb 21, 2012, 09:02 AM
    Fr_Chuck
    Was there not a title search done?

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