If a major defect in our subdivision was not disclosed before the sale, do we have recourse?

UPDATED: Feb 29, 2012

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If a major defect in our subdivision was not disclosed before the sale, do we have recourse?

Our HOA allowed a subdivision to be built knowing the streets are too narrow and now after the homes are sold they come in and make the entire neighborhood a fire lane effectively removing our ability or guests from being able to park anywhere in our neighborhood. This will make selling our home difficult and lower our property values. I will have to sell at least 1 vehicle. This is affecting about 60 homeowners. They say if we want visitors they have to find somewhere else to park and we have to drive and pick them up.

Asked on February 29, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to answer your question with more detail, I will need to know more about the alleged defect woith respect to the width of the streets as being too narrow and who approved such. Possibly the governmental entity that approved the subdivision may have been careless as to allowing the street width as being too narrow.

To bring an action against the HOA for money does not seem to make a lot of sense in that you essentially would be bringing an action against yourself for money. I suggest that you consult with an attorney experienced in planned unit developments such as yours to assist you.

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