The questions raised as to your contract provisions, discloures made,
and the timing on the delivery of the HOA " Doc"s are factors and are
ingredients to any " exposure " or "remedy". These are best sorted out
with an attorney - particularly now that you have been threatened with a
lawsuit! Get the help you need!
Bob Brubaker Highlight Realty Palm Beach County Fl. 561-876-6649
In Florida the Seller is NOT required to give you a copy of the HOA documents. The requirement is that you are NOTIFIED of the existence of the HOA. Your contract should have included an HOA addendum that clearly outlined this.
If your contract did NOT contain the HOA disclosure then you may have a legitimate reason to cancel your contract. If you signed the HOA addendum then you made a legal mistake and if you decide to cancel at this point you may end up in a lawsuit for "specific performance" and for the listing agent and your buyer's agent's commissions they would have been paid. The Seller can actually "force" you to buy their house or if they sell at a lower price to another buyer you may owe them the difference. If you decide to cancel you ABSOLUTELY need an attorney to advise you.
Otherwise you may have to hire an attorney to defend yourself and could end up with no house but a lot of money owed!
Now, if you really meant Condo Association governing documents then that is a different story. You MUST affirm receipt of condo docs. Most REOs will NOT supply condo docs so you will have to get them at your expense.
Good luck and sorry you didn't understand that you were buying in an HOA and that teh responsibility to get the HOA governing docs was your responsibility.
All the best,
PS Don't shoot the messenger... and get an attorney if you decide to back out on your contract.
Keller Williams Realty
I hope you get your deposit back.
I'd be happy to find other communities for you that do not have mandatory HOA.