If I was not provided with an addendum regarding ownership rights/restrictions whenI purchased my home, amI bound by it?

The original owner bought the home in 2001, then several months later an addendum was made to the covenants. When I bought the home in 2010 the homeowner provided me with the covenants he had which did not include the addendum. Do I have to abide by the latest addendum or am I covered under the original covenants? I am trying to install an above ground pool, which the addendum restricts.

Asked on December 5, 2010 under Real Estate Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming that this involves a homeowner's association, correct? Are the covenants in question listed in your deed?  This really may be a question you need to ask an attorney in your area.  By purchasing the home you are subjecting yourself to the covenants and all restrictions ever passed by the association.  The law as it stands may what is known as impute the notice of the restrictions to use as the buyer.  It may indeed find that you should have found out the information through due diligence in the purchase of the home.  So you need to find out how the law comes down on this issue and if there was any misrepresentation on the part of the seller which may be actionable by you.  Good luck. 


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