Melbourne, FL asked in Real Estate Law for Florida

Q: My deed and title paperwork make no reference to HOA, yet I was told by builder we were in HOA. Been paying for 13 yrs.

What legally binds me to an HOA?

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: There is likely a declaration of HOA filed in the county records when your subdivision was created by the developer. It can be difficult to find the covenants in the county records if your subdivision has existed for more than 30 years. Good luck.

Jennifer Isaksen agrees with this answer

Damaris Pereira
Damaris Pereira
Answered
  • Miami Lakes, FL
  • Licensed in Florida

A: If you look at your Owner's Title Insurance Policy, you should see the HOA declaration recording information listed. The deed should also have boilerplate language stating .."subject to restrictions, reservations,..."

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