Last year we purchased a townhome that was part of an HoA. Before closing, we asked for the information regarding the HoA rules, and were gi...

Question

Last year we purchased a townhome that was part of an HoA. Before closing, we asked for the information regarding the HoA rules, and were given a document that our realtor procured from the seller. It said nothing about parking, except you could not park on the streets.

We closed on the home, and moved in. There are three of us living in the home, each needing a car for their job.

We just had a car towed, and were told that we can ONLY park in the garage; not on the street, the overflow lot, or the driveway.

When I complained and mentioned that the documented rules stated nothing about this, I was told I "must have had the wrong rules" and they emailed me the "correct" ones.

I told them my situation; I just paid to purchase this home under the understanding that the three of us on the title could actually function and park our cars (we have a single car garage in this complex.)

They were unsympathetic and told us we would have to sell two of the cars and take other transportation!

Who was responsible for letting us know this, and what rights do I have?

I let the mediator for the HoA know that our realtor had reached out to the HoA prior to closing, and could not get in contact.

The mediating company said that, yes, the HoA does not allow for contacting them directly, even from homeowners and realtors, and that had the previous owners not saved the copy of the "rules" to give to us, we would not have been able to get them until closing on the house and calling the managing company.

The name of the "managing" company was not disclosed on the MLS for the home, is not included on the HoA documentation, and was incredibly hard to find out even once I had moved in.

Do I have any option other than selling my home and taking a loss, here?

This seems like it can't be correct that they are able to do this to us.

Answer

In Minnesota, HOA's have broad powers to regulate their communities. However, there are many legal requirements they must follow to legally enforce them. Also, there are numerous disclosure requirements that sellers and agents are required to provide upon a sale of a property in a HOA. You should contact an attorney to review your matter further and discuss your available remedies.

Answer

Generally, Home Owners Associations must follow all law but otherwise have broad powers to regulate communities. Disclosure requirements are typically extensive in law. I urge you to confer with an attorney at this time so she/he can assist you and advise you as to your particular issues. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, http://dwyerlawfirm.net