Q: Deck Size Restrictions in Hanover Maryland (21076)
I am trying to look for a home in Howard County Hanover MD. Only one house in the community has a larger deck while the rest are of same size. The seller says it was built prior to HOA rules being formed and its the only home with larger deck. Will one home be allowed to have a larger deck like that ? Is that something possible ? How do we verify this fact ? Any assistance is greatly appreciated.
A:
Check with the HOA. As part of most home sales in such communities, the HOA issues a certification prior to closing that states whether there are existing violations of the covenants for the subject property. Don't accept the seller's representations. Of course you can sue, later, if they hide a latent defect, but you'd still have to deal with the deck. This office has seen this situation, and the buyer spent months getting retroactive approval from both the County and the HOA. This is actually something your buying agent should help with-- requesting from the seller's agent an HOA certificate of compliance. In my experience, as both a lawyer and broker, HOA's and Condo Associations often require pre-sale inspections before completing certificates.
Helpful? Good luck!
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