They fined me for something that was already there when I bought. Is that fair?
It feels unfair, and sometimes the closing papers help you. A lot of associations still treat an ongoing condition as yours the day you take title. If the last owner built an unapproved shed and it is still sitting there, they may send the letter to you, not to the person who cashed out. A one-time event that happened before you bought is a different story.
How it usually works. Two documents matter at closing: the resale or estoppel certificate, and any inspection the association did. If that paper said "no known violations" and they cited you a month later for the same fence that was visible from the street, you have a real argument. If the certificate only spoke to unpaid assessments, not architectural issues, they will say they never cleared the shed. Boards also argue "continuing violation" — the condition exists now, so the current owner must cure it. That argument is stronger for something still standing than for a party the last owner threw in June. Waiver and delay can cut the other way. If the shed has been there for years in plain view and they never enforced, you can raise that they sat on it. Results vary.
What actually controls this. The estoppel or resale certificate, your purchase contract, the CC&Rs, and state law. What the form actually asked is the factual split. "No delinquent assessments" is not the same as "no architectural violations." Some states require fairly specific resale disclosures. Others do not. There is no national rule that a new owner is forever immune. There is also no national rule that the association can always make you tear down a grandfathered structure. Your photos from the listing, the seller's disclosure, and dated aerial or street views help more than a vibe that this is "not your mess."
What you can do today.
- Dig out the estoppel, resale packet, and seller disclosures. Highlight any "no violations" language.
- Photograph the condition and grab listing photos that show it existed before closing.
- Ask in writing when they first noticed it and whether the prior owner was ever cited.
- Request a hearing and, if it is truly minor, ask for a variance rather than a tear-down.
- Keep paying regular dues. Do not hold the closing fight against this month's assessment.
When this is bigger than DIY. If they want a structure removed, daily fines are running, or they recorded a lien after promising a clean estoppel, talk to a lawyer licensed in your state. A hearing in a few days on a tear-down demand is not a casual meeting.
This is general information from an AI helper, not legal advice. Confirm it against your documents and your state’s law. If a deadline or hearing is coming up, talk to a licensed lawyer.