CAN AN ASSOCIATION ENFORCE RULES ON YOU WHEN YOU WERE NEVER TOLD ABOUT THEMWHEN BUYING YOURHOME?

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CAN AN ASSOCIATION ENFORCE RULES ON YOU WHEN YOU WERE NEVER TOLD ABOUT THEMWHEN BUYING YOURHOME?

I’m a dog breeder and my problem started when a new neighbor with dogs moved in and upset the whole block. Now they are trying to attack me about my dogs that have been there for 3 years in a very nice kennel in my backyard. They are throwing rules at me that were created 50 years ago and say their is an association for the block that votes and makes rules. Well when I bought my home from my parents (same house that I grew up in) neither my parents or I were never told about this association. Neither can anyone show us paperwork that this  association exists. Now they are making up new rules for the block. Shouldn’t I be grandfathered into any new rules that they make and where’s my vote for the rules? Should I speak with a real estate attorney? In Fort Wayne, IN.

Asked on March 20, 2011 under Real Estate Law, Indiana

Answers:

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

Answered 11 years ago | Contributor

I think that you should definitely speak with an attorney in your area on the matter.  Sounds like these people are up to something that they can not substantiate.  And in any event, maybe the association is defunct and that is why they can not prove its existence - which is essential to their ability to enforce the rules.  You may need to take action and file an injunction against these people who are forming this association and having the court make a determination as to your rights with the dogs (do not just assume that there is a grandfathered in rule in your area).  Get legal help.  Good luck to you.


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