I did not receive a copy of my neighborhood covenants and deed restrictions at closing. Was that not required (by law) to be presented to me at the time of closing? Thanks in advance,
This can be answered by looking at the HOA form you signed when you purchased the house, in that form there is a square that if marked would require the deed restrictions to be presented. If not marked then the answer would be no. In most cases the deed restrictions are on line, check to see if yours are. Google the neighborhood HOA deed restrictions.
When purchasing into a deed restricted community buyers will typically contact the HOA and/or property management company to inquire about the deed restrictions and obtain them or additional information about them as part of their due diligence process, (often done before making an offer, as the property management contact information is included in the MLS data and is readily accessible to buyers and their Realtors).
An HOA Addendum is included as part of the purchase contract when the property is located within a deed restricted area, and this addendum stipulates the need to obtain the deed restrictions before closing, or not. And, this addendum also indicates who pays for obtaining the deed restrictions.
The very short and muddy answer is no. The section of the property code that addresses this issue is available at the link below. The fact is, to get the deed restrictions at closing is too late. You need them before closing so you can read through them. They are generally emailed b/c they are so long. Yes, title companies will deliver them if requested, but it's the HOA that is required to deliver them if and when they are requested. There's an addendum to the contract Realtor's use that addresses all the HOA requests. Check out the link http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.207.htm to find out more.
Yes ofcourse that is a compliance within the escrow/title company to give the deed restrictions to the buyer. In layman's language any one buying something should know what kind of lay ways and restrictions one's going to deal it. If you still have any doubts please contact me at 713-396-2066 or email me at AgentGuddi@gmail.com