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You can find the legal description on the property's current or previously recorded deeds, your County Register or Recorder of Deeds Office (often online), property tax assessments, websites such as Zillow.com, your mortgage contract, or your land title.
The Property Code is enforced through the court system. You will probably need to file a Declaratory judgment action and an action to enforce the deed restrictions.
Most HOAs have the legal power to fine residents for failure to comply with the CC&Rs outlined in the contractual agreement. They can also assess fees for various shared expenses and services.HOAs can also sue homeowners in court to collect fees and fines and to apply for injunctions against residents.
Often times property developers or property owners associations enforce deed restrictions to ensure the continuity of a subdivision or land tract. These restrictions and guidelines should be available through the property developer's sales information center. Common deed restrictions may include: No livestock.
Dedicatory instrument means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision. The term includes restrictions or similar instruments subjecting property to restrictive covenants, bylaws, or similar instruments.
View the deed or deeds returned. If your search reveals only one deed, chances are it contains your legal description, provided the online records cover the time period during which the owner acquired the property.
The HOA typically can send someone to enter an owner's unit to perform common element inspections, maintenance, and repairs. Commonly an HOA must notify the owner a week or two prior to entering.
If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien.
Search the county recorder, clerk, or assessor's office website. All you need is the name of the owner and/or address to access the property records. Visit the recorder, assessor's, or county clerk's office in person. Contact a title company.