Q: Virginia HOA violation, do I have any legal right to fight it
New homeowner here home was purchased Oct 2022, there is a built in playhouse off the deck that has been on property since Aug 2021 with no issues. I received a violation letter in the mail stating that this was not approved by the ARC committee and I need to file plans and have them approved or I have to tear it down. Do I have any legal recourse to fight this as I bought the home with this already on property ?
A:
Unfortunately, the fact that the HOA did not know about or complain about the structure may not be sufficient grounds to argue its existence. When you say "file plans," do you mean with the HOA or with the local municipality? Can you establish that the HOA is picking on you or otherwise discriminating against you? Can you establish that "every other" unit has the same thing and nobody is being told to file plans? Or can you establish that the HOA consented and has now changed its mind?
When you purchased in 2022, did your attorney obtain written confirmation from the HOA that there were no objections to the purchase? Frequently, before issuing a letter of no objection, an HOA will inspect the unit being sold for any such issues, and their letter will outline any outstanding problems or unpermitted work, such as what you describe. This puts a buyer on notice to cause the seller to remedy it or at least hold enough money in escrow to cover the work post-closing if needed. You should check that letter to ensure you were not technically on notice of this issue.
Like NY (where I am licensed), it appears Virginia has a "seller's disclosure." Did your seller make any representations in that disclosure about the structure that you can now show were false or intentionally misleading?
Did your seller make any representations in the contract that no such unpermitted work was done?
You should probably start by talking to the attorney that represented you at the purchase to confirm whether you have any recourse against your seller.
--------
I'm not your lawyer and unless you retained me, this answer is for informational purposes only. You should consult with an attorney with whom you have a relationship to confirm anything I have said above.
If you found my answer helpful, positive feedback on this site, as well as any of those below, would be greatly appreciated: Avvo.StatenIslandLaw.com - Justia.StatenIslandLaw.com - Lawyers.StatenIslandLaw.com - Yelp.StatenIslandLaw.com - Google.StatenIslandLaw.com - Facebook.StatenIslandLaw.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
