What to do if I purchased a cabin in a small resort but was given no information from the HOA and just recently found out the HOA does not allow pets?

Can they do that when I own the house?

Asked on November 7, 2011 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Before you purchased the cabin that you are writing about, did you receive a preliminary report from your title company? If so, were any recorded "covenants, conditions & restrictions" mentioned? If so, you need to carefully read this document to see if it prohibits pets or not.

If it does not, then the association most likely does not have a legal basis to prevent you from having a pet. If it does, then you were on constructive notice before close of escrow as to the restriction. I suggest that you consult with a real estate attorney about your question further. Good luck.


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