Phoenix, AZ asked in Foreclosure and Real Estate Law for Florida

Q: There is HOA of rental pool for buyers to sign before sale but I able to get certificate of title via clerk of court.

Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.

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2 Lawyer Answers

A: there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact that you pay assessments does not give you any special rights over something that may be included in documents recorded in the public records for which you are deemed, under Florida law, to have notice of and agree to abide by them.

A: Posting the same question three different ways does not change the answer. The answer is in the association documents. A certificate of title does not release you from the duty to comply with the HOA documents. You take title subject to those documents and any debts owed to the HOA.

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