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I am having HOA issues and I need some advice. Please help!
I closed on my home in November. At that time, as part of my closing costs, I paid a prorated amount of HOA dues covering the time I lived in my house in 2008.
Around Christmas, I was mailed a bill for my 2009 dues AND a previous balance. I was not informed of any of this before I closed and there was a clear title on the property. I mailed in my 2009 dues and called them. After playing phone tag, they said they'd take care of it.
End of January- I get another bill. I again called, played phone tag and they apologized and said they would take care of it.
End of February- I get another bill, now with late charges on it. I call MULTIPLE times over the next few weeks and never am called back. I typed a letter (stating that it is not my debt, I was not informed of the debt prior to purchasing the property and saying that I am not paying the debt) and mailed it along with a copy of my closing costs with the HOA fees highlighted. I mailed this a few weeks ago.
Yesterday, I received another bill.
What can I do to end this? I am at my wits end!! It is a few hundred dollars- if I had it, I'd pay it so they would get off of my case. However, I am likely facing a layoff at the end of May and I do not have the extra money. I live within my current means, but I do not have extra money- I am only a teacher (and a young, single one with lots of student loan bills).
Please help!
I'd say contact the attorney who handled your closing. They would have had to get a statement of any balance due from the HOA, and if the prior owner owed the monies should have been deducted from their sales proceeds. If they got a statement that showed zero due, then the HOA is going to have to try to collect it from the prior owner, not you. Well, they owe it either way - it's just a question of how to get them off your back.
Bantering with the HOA will get you no where. Since the HOA was not a party to the transaction - this isn't really their problem. First - You should (and it sounds like you have) notify the HOA in writing that you are contesting the debit. That should stop their collection for a while.
I'm from Colorado and rarely is an attorney evolved in a closing. However if there was an attorney evolved - contact him/her. Adlnc07 is correct, there would have been a statement from the HOA (usually produced by the HOA management company) - locally it's called a "status letter". The status letter should have been delivered to the title company who closed the transaction. Contact the title company and ask them to review the closing. The closing company and you will want to review the contract to buy. In Colorado the contract has a section about the pro ration of HOA assessments, special assessments, etc.
What about the closing papers you were given? Maybe it shows what was paid to the HOA by the seller. My buyer got a year's worth of dues from me.
I would seek a clear explanation from the HOA. It sounds like they agree it's an error, but just haven't resolved it. If so, that's no point to be spending $$$ on an attorney.
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