On Wed, 10 Sep 2008 19:36:57 -0400, Kurt Ullman
wrote:

In article ,
wrote:

HOA is a private organization. If the guy hasn't signed an agreement
with the HOA based on the completely new house, he may not be under
their jurisdiction. I think he may have escaped. When he bought the
original house, he had to sign an agreement wioth them. That agreement
is now null and void. He just needs to find the right lawyer. He's
obviously going to be needing one regardless.

Don't know how it works in your area, but in mine the covenants are
part of the deed and thus follow the land and not the house. Wouldn't
have changed a thing around here.

It REALLY depends on exactly what the covenants say, and how it might
be construed or deconstructed under examination. If they don't
explicitly say what happens if the house on the property ceases to
exist, then it's not settled. I won't predict who will win in court,
but I think there may be plenty to argue about. HOA's are not
invincible, omniscient or omnipotent. They would like you to think
that they are, so they always adopt the attitude of intimidation. Not
everybody scares that easy.