U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Tennessee > Nashville
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
Old 05-10-2010, 08:41 AM
 
5 posts, read 5,156 times
Reputation: 10
Default HOA in Smyrna

I just got a letter from my HOA that they are suing me for their homeowner's dues. I have lived in the house for just over 2 years and have never received anything from them other than a bill. Apparently, the person that lived here before me did not pay their dues and there was a lien on the house, but it didn't show up anywhere in the title search. I've never gotten any information such as bylaws or anything even though I requested them with the first bill I received. Who should I talk to or what should I do? Any advice would be greatly appreciated!
Reply With Quote Quick reply to this message

 
Old 05-10-2010, 08:43 AM
 
5 posts, read 5,156 times
Reputation: 10
Also, it was never disclosed to me before I bought the house that there was an HOA. Not in the MLS docs or anything.
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 09:48 AM
 
Location: Brentwood, Tennessee
10,921 posts, read 8,266,791 times
Reputation: 17900
Did you use a Realtor when you bought the house?! Both the lien and the fact that there's an HOA should have been known by the closing, at the latest.
If the HOA did place a lien before you bought the house, it wouldn't follow the previous owner. It would be your responsibility, as well as the dues owed since you moved in.
Somebody here dropped the ball big time.
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 10:00 AM
 
10 posts, read 10,314 times
Reputation: 10
I would contact the party(ies) who did your closing, along with your mortgage company and let them direct you on where to go next with this. Somebody made a mistake here. Let them handle the footwork. Just make sure you tell them you expect to hear something back within a reasonable amount of time. You may have to contact a lawyer in the meantime. You probably have a good chance of recouping your losses.
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 11:03 AM
 
Location: Franklin, TN
550 posts, read 1,017,675 times
Reputation: 330
You should contact your title agent / attorney immediately.
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 03:27 PM
 
5 posts, read 5,156 times
Reputation: 10
Talked to the title agent today. The title was clean when I bought the house. I didn't get a letter from them until I had been here a few months. I called about that and they said that I wouldn't have to pay those charges, but what I don't understand is how none of this came up before I moved in and if I'm contractually liable to this HOA? I haven't signed anything or even seen anything from them but a bill. I requested the bylaws and more information TWICE and still never received anything so I haven't sent them any money at all for the 2 years of dues since I've been here because I have no proof of where the money is going. I looked at the address the paperwork was copied to today and it's an apartment in the complex I used to live in!! I don't know what to do. I've tried a few lawyers and no one seems to know much about the laws governing homeowners' assns.
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 03:30 PM
 
5 posts, read 5,156 times
Reputation: 10
Quote:
Originally Posted by Wmsn4Life View Post
Did you use a Realtor when you bought the house?! Both the lien and the fact that there's an HOA should have been known by the closing, at the latest.
If the HOA did place a lien before you bought the house, it wouldn't follow the previous owner. It would be your responsibility, as well as the dues owed since you moved in.
Somebody here dropped the ball big time.
I did! There was NOTHING listed on the MLS data sheet or anywhere in the paperwork for the house. I looked at all of my loan docs today just to be sure I missed something! I would think the lien would have to be taken care of before I could buy the house!
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 04:49 PM
 
Location: Brentwood, Tennessee
10,921 posts, read 8,266,791 times
Reputation: 17900
Yes, a lien would have really slowed down the closing process. I can't believe the title came back clean if it really had a lien on it.
You really need to find out who is behind this HOA. Is there a property management company that runs it, or is it just folks in the neighborhood? Have you asked some neighbors about their paperwork and dues?
See if a neighbor has any cleared check from the dues and find out what bank they use. Then research it that way.
Or find a real estate attorney who can advise on HOAs.
Legal Aid Society of Middle Tennessee - Nashville, TN - Justia Lawyer Directory
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 05:01 PM
 
Location: Murfreesboro, TN
3,537 posts, read 4,827,266 times
Reputation: 1072
You need an attorney. One of the questions on the property disclosure form the seller MUST fill out, asks if there is an HOA and if so, what the fees are.
Reply With Quote Quick reply to this message
 
Old 05-10-2010, 05:07 PM
 
Location: Nashville, TN
957 posts, read 2,239,512 times
Reputation: 394
If they have been sending bills and you haven't been paying them and they have that documented, then you'll probably have to pay it. If the lien was placed on the house after you bought it, then it's on you, but you won't be responsible for any dues owed before you bought the house. If they want those, they'll have to sue the previous owner.

You could go at it from the angle that no one informed you of the HOA prior to closing, but I doubt that will get you out of it.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $79,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Tennessee > Nashville
Similar Threads
View detailed profiles of:

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top