32 replies to this topic

[mylo]

*gets out his jackhammer and heads for bish's house*

[FamilyMan]

I wonder if it would be considered misrepresentation if it was advertised as a feature but then was not allowed. I know I would be EXTREMELY mad if I bought a home here in the Parkway and I could not park my RV or boat on the side of the house if I bought the house to do so.....

Do you know if you have to show the CCR's prior to someone purchasing the home?

Seller's of resale SFR's are not REQUIRED to give their buyer a copy of the CC&R's. Most title companies, or your agent, will automatically give the buyer a copy as a matter of standard procedure. It is not required they do so. The bottom line is if no one gives it to the buyer, it is the BUYER'S responsibility to do their own investigation.
As a matter of clarification - seller's of condominiums are required to provide a copy of the CC&R's to their buyer.

[mylo]

I think they do have to declare that there are CC&R's and dues, even if they are not required to provide a copy of them.

[lisasellshouses]

Seller's of resale SFR's are not REQUIRED to give their buyer a copy of the CC&R's. Most title companies, or your agent, will automatically give the buyer a copy as a matter of standard procedure. It is not required they do so. The bottom line is if no one gives it to the buyer, it is the BUYER'S responsibility to do their own investigation.
As a matter of clarification - seller's of condominiums are required to provide a copy of the CC&R's to their buyer.

I would disagree on this. although the seller themselves dont give you the copy,the title company does because ccr's are recorded on the title.

anything having to do with the title of a home must be disclosured to the buyer's. and disclosed in a timely manner.

if the seller's knows a material fact about a house they must disclosure that. and ccr's are material facts.

the california residential purchase agreement and joint escrow instuctions have a special section for condos and planned unit developements. it discusses HOA.

so if you are buying a home with HOA's, seller has 7 days after offer accepted to get these over to buyer.

when i list a house, i open title immediatly and have the ccr's ordered and delivered, so they are ready when an offer comes in.

when i work with a buyer, i make sure they come over with the other disclosures. Now a days the ccr's and HOA's are a huge decision cataylst when buying a home.

Just another reason to make sure you have an excellent real estate agent working for you.

[Kirah]

Hi All,

Thank you for replying to this post....I must say we have slightly digressed here as I think my question was more related to what happens if you see an ad for a house in the parkway and it says, "Possible RV Storage/Access".....apparently, there is no "possability"....possible. If you get my drift.

Most folks are going to look at the ad and take it for gospel. Sure they might thumb through the CCR's but they are going to look at the ad.....so who is really at fault here? The seller or the agent....unfortunately, I think it might be the seller as he/she has not communicated to the agent who is representing him/her. He/She is responsible for knowing the CCR's....the only way one might be able to get out of it is if they put it in the disclosure statement saying, " Hey folks just so you know no RV access or storage. " Which completely defeats the purpose of advertising it's possability.

I have to agree there is something to be said about the CCRs....I think being a good neighboor is more important and I think if we have to spell out what being a good neighbor means then I suppose we should do that....that means; you mow your lawn once a week, pick your weeds, paint your house when it needs it, don't have loud late night parties after 11pm, don't blare your backyard music or tv past 9pm and if you are having a monster party....let your neighbors know ( even better invite your neighbors ), don't let your dog bark incestantly ( and if you have a barky dog...keep it in the house or get rid of it ) and when all else fails just be mindful of others. I guess that is too much to ask which is why we have these CCR's and why they tell us when to wash our hands and how. To quote Forrest Gump...." and that's all I have to say about that..."

[mylo]

Hmm.. I would assume that if the current owners know the CC&R's deny the possibility of RV access, then making an advertising statement like "possible RV access" is a willfull misrepresentation of the property.

It's not like saying "possible gold mine under property" where there is a chance. This person signed a piece of paper that said it's not possible!

[MikeinFolsom]

Funny thing about power tools on the driveway. I too was working on a bookshelf last 4th of July and the security lady stopped and told me it was against the rules to be working in the driveway with power tools like that. I guess she took offense at my red/white/blue speedo I was wearing?

[FamilyMan]

I would disagree on this.

Fine.

[lisasellshouses]

Hi All,

Thank you for replying to this post....I must say we have slightly digressed here as I think my question was more related to what happens if you see an ad for a house in the parkway and it says, "Possible RV Storage/Access".....apparently, there is no "possability"....possible. If you get my drift.

Most folks are going to look at the ad and take it for gospel. Sure they might thumb through the CCR's but they are going to look at the ad.....so who is really at fault here? The seller or the agent....unfortunately, I think it might be the seller as he/she has not communicated to the agent who is representing him/her. He/She is responsible for knowing the CCR's....the only way one might be able to get out of it is if they put it in the disclosure statement saying, " Hey folks just so you know no RV access or storage. " Which completely defeats the purpose of advertising it's possability.

I have to agree there is something to be said about the CCRs....I think being a good neighboor is more important and I think if we have to spell out what being a good neighbor means then I suppose we should do that....that means; you mow your lawn once a week, pick your weeds, paint your house when it needs it, don't have loud late night parties after 11pm, don't blare your backyard music or tv past 9pm and if you are having a monster party....let your neighbors know ( even better invite your neighbors ), don't let your dog bark incestantly ( and if you have a barky dog...keep it in the house or get rid of it ) and when all else fails just be mindful of others. I guess that is too much to ask which is why we have these CCR's and why they tell us when to wash our hands and how. To quote Forrest Gump...." and that's all I have to say about that..."

i see your point.

when an agent puts a home on mls or a flyer or any type of advertising, it should be as accurate as possible.

they usually have a little disclosure on the bottom that says,something to the affect: all comments are from seller, please confirm, broker not responsible.

when we fill out the multiple listing service paperwork, you have a choice. it may just have been an oversight, but the seller is supposed to sign that they have read that sheet and agree to it. i usually go over all the items, it is a 4 page docs on legal size. that is my job and i need to take the time to do it correctly.

also, a call to the agent to advise them that the current ccr's dont allow rv on the side should solve the issue I would think.

i would not be offended if i got a call from a neighbor correcting something i either overlooked or was given wrong info. You fix it and move on.

But all said, you are right, be as accurate as possible. Dont put down something if you are not sure. DONT ASSUME anything, verify and correct.

Funny thing about power tools on the driveway. I too was working on a bookshelf last 4th of July and the security lady stopped and told me it was against the rules to be working in the driveway with power tools like that. I guess she took offense at my red/white/blue speedo I was wearing?

[Kirah]

Not being able to use power tools on the driveway is just stupid...so I guess you should do it in your backyard where you can annoy your neighbors and get sawdust in their pool.....The more I live here I feel like I live in a big condo or apartment....

Just a quick poll .....any of you think so many folks are moving from the parkway because they can't take the HOA anymore?

[lisasellshouses]

Not being able to use power tools on the driveway is just stupid...so I guess you should do it in your backyard where you can annoy your neighbors and get sawdust in their pool.....The more I live here I feel like I live in a big condo or apartment....

Just a quick poll .....any of you think so many folks are moving from the parkway because they can't take the HOA anymore?

i think that is one of the issues

[bishmasterb]

Just a quick poll .....any of you think so many folks are moving from the parkway because they can't take the HOA anymore?

I wasn't aware of any mass exodus from the Parkway.

I don't find the Parkway HOA any more restrictive than other HOAs I've lived in, but I'm pretty easy to please. The power tools thing is crazy, but I simply chose to ignore it, knowing that I wasn't really bothering anyone.

[MikeinFolsom]

What I am noticing, is the people that are selling their houses are pretty much selling right at the 2 year mark. I think they are taking the money and running. Most of the houses for sale appear to be the smaller houses of the neighborhoods, so I wonder how many of them were investment type purchases???

[Terry]

I wasn't aware of any mass exodus from the Parkway.

I don't find the Parkway HOA any more restrictive than other HOAs I've lived in, but I'm pretty easy to please. The power tools thing is crazy, but I simply chose to ignore it, knowing that I wasn't really bothering anyone.

How do you know you weren't bothering anyone? I guess I should say your attitude is bothering me - that you feel the HOA is more restrictive, and that the power tools thing is crazy, so you simply choose to ignore it. Yup, that would bother me. So how do you know it's not bothering your neighbors?

[bishmasterb]

So how do you know it's not bothering your neighbors?

Common sense.

And more importantly, I'm a polite person, I don't work with loud equipment, and I only work during the day.