Am I bound by a missing document in my closing documents for my Phoenix condo purchase? Or am I exempt?

Asked by Redarchitect, Phoenix, AZ Sun Jul 26, 2009

In May 2004 I closed on a condo, in a planned development in Phoenix. In my closing documents, the C C & R's for the HOA stated one could rent one's unit. However, missing from my closing documents was an addendum to the C C & R's, revoking the right to sublet. Because the addendum was missing from my closing documents, am I bound by that document? Or can I legally sublet my unit? If I am bound by the no-sublet addendum, do I have any legal recourse or is it too late, as the statute of limitations for any recourse may have expired? Thank you.

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Donald Coats…, , Scottsdale, AZ
Tue Sep 29, 2009
Hi Redarchitect,

My husband is a Real Estate Attorney and an Agent. Feel free to contact him for help. or call 480-612-5887.
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Tonia Vickery, Agent, Peoria, AZ
Sat Aug 29, 2009
Redarchitect, you are asking a very complex legal question to a real estate agent? You need to consult with an attorney. How would we know about statue of limitations, legal subletting, legal recourse? Any agent would be out of their mind to even try and give you an answer to these questions. Real Estate Agents are not legally allowed nor licensed to give legal advice. This is not forum for you to get your answers resolved. We know as much about this as your doctor would.
0 votes
Jonathan Dal…, Agent, Glendale, AZ
Sun Jul 26, 2009
This is a question best asked of a real estate attorney, Redarchitect. Provide them the full details and they'll be able to give you a far more qualified answer than you'll find here.
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