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We bought a home 3 years ago. We were the 3rd home sold in a 200 home subdivision. The sales office assured us that street parking would not be a problem. We have a large nuclear family so 5-6 cars at any given time, too many for garage and driveway to hold. After living here for a year or so, we noticed that the HOA newsletters mentioned that overnight street parking is not allowed. Sure enough, this is in the HOA rules. Our bad for not reading the fine print before closing escrow or do we have an argument since the sales office assured us multiple times that street parking would be OK?
Asked on May 14, 2018 under Real Estate Law, North Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You pose the question of whether it is "Our bad for not reading the fine print before closing escrow"? If you were provided with the HOA rules (or even had clear access to them, so you could have had or reviewed them if you wanted) so that you *could* have read or determined this, then you have no recourse: the law presumes that you read and understand materials, like HOA rules, provided to you as part of a sale or other contract and holds you to them. Not reading them when you had the opportunity to do so does not give you any rights or the ability to escape the rules' effect.
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