HOA Nightmare

[shadow10]

After closing on the house I found out that the HOA file a law suit against the seller (GMAC) just 5 days before the escrow. HOA never made a disclosure at the closing that there is a case against the seller.
My son got added to the defendant list for this case and served with summons because we did not make the house available for the HOA inspection in a timely manner. Please help me if this is legal?

[crystalys]

Originally Posted by shadow10

After closing on the house I found out that the HOA file a law suit against the seller (GMAC) just 5 days before the escrow. HOA never made a disclosure at the closing that there is a case against the seller.
My son got added to the defendant list for this case and served with summons because we did not make the house available for the HOA inspection in a timely manner. Please help me if this is legal?

IMHO you really need to stop asking this question on this forum. Unless someone here is a lawyer who specializes in HOA problems and can legally defend your son and advise him, YOUR SON AS LEGAL OWNER OF THE HOUSE NEEDS TO GET AN ATTORNEY NOW! Seriously, if he does not get proper representation and since he signed a paper that lets the title company shirk their responsibility (which if I was his realtor at that time, I would never have let him do) then he will end up owing more if you keep trying to find answers here. Maybe you should be asking the forum for referrals to a good attorney who knows how to defend suits from an HOA.

I personally have never had to, or know of anyone who has been in this situation. Can anyone else refer the OP to someone?

[blondmom]

i'd let them take me to court, i don't think they have any legal right to collect any money from you...it will cost the hoa time and money to pursue you

[Home_Kid]

Originally Posted by blondmom

i'd let them take me to court, i don't think they have any legal right to collect any money from you...it will cost the hoa time and money to pursue you

thats not how HOA's work. if you fail to pay after they give notice of a fine they can opt to place a lien against the property. no lawyers needed to do this. the lien means nothing until homeowner tries to sell the home or get home equity, etc.

i would simply notify the HOA that
1. things were fixed
2. let HOA know that if they dont drop their charges completely and they attempt to place a lien on the home you will have your lawyer file for a injunction against that lien and then you will take HOA to court to have lien removed, and, you will counter suit for all of your legal costs.

guranteed the HOA will drop their charges...

[Bummer]

Originally Posted by shadow10

After closing on the house I found out that the HOA file a law suit against the seller (GMAC) just 5 days before the escrow. HOA never made a disclosure at the closing that there is a case against the seller.
My son got added to the defendant list for this case and served with summons because we did not make the house available for the HOA inspection in a timely manner. Please help me if this is legal?

This scenario sounds a little suspicious, Shadow.

My recommendation . . . contact a qualified Real Estate Attorney immediately.

Good Luck

[aikanae]

I'm on a HOA. I'm not going to say whether this is legal or not because I don't know. What I do know is your son needs a lawyer. It sounds as if he walked into the middle of things and could be responsible based on papers he's signed.

HOA law is not like any other areas of law. He needs a lawyer that specializes. I don't think it's possible for any layman to understand this area of law because every year, it changes, it's difficult to know what takes precedent, and court trends have a huge impact.

In your favor is an Arizona trend to favor the homeowner and decide against HOA's that are charging excessive fines and haven't made reasonable attempts to work with homeowners. HOA's should not be profiting from fines. However your son did sign documents making himself liable. That's why he needs a lawyer - pronto.

Often an HOA will back off just with a letter from your lawyer. Most HOA's don't want to wast time and money on a legal battle that they might loose. Several top HOA attorneys have not done well in court recently due to aggressive practices.

But this is not something your son can figure out on his own because the HOA already has an attorney involved. Legal fees add up quickly and someone has to pay them. That's probably part of this battle because homeowners don't want their HOA board absorbing past legal fees without a fight. That would also prevent the HOA from making a deal directly with you or they would admit they needed to pay for previous legal fees (and loose face). HOA boards are like mini-politicians. Your son may have assumed responsibility.

Get a lawyer.

[murphy2823]

If it was an REO (bank owned) - the seller had no obligation to disclose anything to you. You probably signed this waiver when you made the initial offer.

Depending on the community; some HOA's are very aggressive in Scottsdale.

For example, I can't park overnight in my own driveway (must be garaged). I've received certified notices for having my arrowhead water bottles outside too long...

I hate to tell you this, but it might be cheaper to pay the $1500 than try to fight it in court.

Best of luck.

[collinsl]

Originally Posted by murphy2823

If it was an REO (bank owned) - the seller had no obligation to disclose anything to you. You probably signed this waiver when you made the initial offer.

Depending on the community; some HOA's are very aggressive in Scottsdale.

For example, I can't park overnight in my own driveway (must be garaged). I've received certified notices for having my arrowhead water bottles outside too long...

I hate to tell you this, but it might be cheaper to pay the $1500 than try to fight it in court.

Best of luck.

Aggressive doesn't mean that they are right or that they are going to win. Fight them. Get a lawyer.

[Home_Kid]

Originally Posted by murphy2823

I hate to tell you this, but it might be cheaper to pay the $1500 than try to fight it in court.

Best of luck.

if the OP said they did everything to fix the problem then i would counter sue for all of the lawyer costs when the time comes, etc. when your are 100% right $1500 means absolutely nothing. paying means you compromised and in this case i see no reason why anyone would settle for a compromise.