Appeal information in public record, a big deal or not?

7 Replies

I am closing on a condo in Hawaii. My first real estate purchase. The seller initially left the first question on the seller disclosure blank

"Are there any violations of Covenants, Conditions and Restrictions covering the property?"

This was initially left blank. The seller's agent said that there were no violations and the seller (who is 90) had forgotten. I insisted the question be answered by the seller and they answered that there were no violations. In checking the public records I found the following

Which seems to indicate 2 appeals occurred. The home inspection report didn't show any serious issues. One kitchen exhaust vent was blocked, but no major problems.

I have asked my agent to get more information. Is this something to be worried about?

The cases were closed, which means the issues were addressed. You should be asking for a resale package which will be prepared by the association.  One of the sections will disclose any known violations.  They generally do an exterior inspection prior to answering.  This will be what is pertinent.  

You can ask what the violations were for. My HOA gives us a grass violation this time of the year because they consider my daffodil plants post flowers as "too tall grass". If its the stupid violations like this, they are nothing to worry about.

I asked my agent and he mentioned these were tax appeals with Hawaii. Looking at 2019 there is an asterisk stating it was modified so it does look like they got their taxes reduced for 2019.

I also asked him to ask the HOA if there were any violations. Thanks all!

Originally posted by @Lynnette E. :

You can ask what the violations were for. My HOA gives us a grass violation this time of the year because they consider my daffodil plants post flowers as "too tall grass". If its the stupid violations like this, they are nothing to worry about.

Just as an update, my agent said they couldn't comment on previous violations. They did say that there were no open unresolved violations. Does this seem reasonable or should I ask my agent again about a resale package?

Thanks

Originally posted by @Ranjit Annamalai :
Originally posted by @Lynnette E.:

You can ask what the violations were for. My HOA gives us a grass violation this time of the year because they consider my daffodil plants post flowers as "too tall grass". If its the stupid violations like this, they are nothing to worry about.

Just as an update, my agent said they couldn't comment on previous violations. They did say that there were no open unresolved violations. Does this seem reasonable or should I ask my agent again about a resale package?

Thanks

If the violations are resolved that is good.  I'd still get a resale package.  Many locations  require they give it to you, and you want it so you can see what it says before closing....just in case there is a surprise. 

Thanks everyone for the input. I called the HOA directly they don't have a resale package. They directed me to a company which keeps their documents and that office also did not have past violation information. Just curious from what I can tell I have most everything that would be in a resale package (condo docs, minutes, house rules etc.) . Does anyone have a resale package that they ordered that they can send to me with personal details removed?