The sellers had a duty to provide you with the correct governing documents. When you say "property manager," do you mean a person who managed the property for the sellers, or do you mean the manager who maintains the books and records and collects dues for the homeowners association ('HOA")? The sellers' property manager is their agent, and the sellers are liable for its mistakes. The sellers are not responsible for mistakes by the HOA's management company, and that management company has no relationship with you and owes you no duty.
How have you been damaged by getting the wrong governing documents? Our civil courts do not punish bad conduct. They compensate for injuries caused by bad conduct. The measure of damages is the difference between the fair market price if a reasonable person would have known about the change to the governing documents and what you paid. How much is that difference? If it would be very hard to calculate, then you might not have any damages.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Jun 08th, 2017 at 12:00 PM