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Every state is different. No one here could probably legally tell you. Did you have a real estate lawyer for the transaction? If not, I would call one!
So if there is no acnologement of HOA's anywhere in any of the documentation or anything in the title transfer that states there is an HOA and suddenly they spring an HOA on you are you liable? And no its not the same thing as taxes, taxes can only exist because of threat of violence. IF the HOA had a massive police force they could enforce anything they wanted. So no its not the same.
When you buy a property subject to an HOA, you are deemed to have knowledge of that HOA if it was properly recorded in the chain of title prior to your purchase. There is no requirement for you to acknowledge the HOA.
You should have been informed at some point in the process, usually in a title search or as part of the seller's required disclosures (depending on the state). If you did not receive that info, although I expect you did, you might have a claim against one of those parties. However, you will still be subject to the HOA and any properly recorded CCRs.
Many deeds have language such as
- subject to
- declarations
- restrictions
- subdivision
- undivided interest in the common area
- common interest development
- Declaration of Covenants, Conditions and Restrictions
- run with the land
and more.....
If these things, etc are on the deed you signed, consider yourself notified of the HOA.
If you signed something you didn't understand..... well.......
All 3 of the properties I've owned had an HOA. I had to pre-pay some of the HOA fees at closing each time. Maybe that's not the case in every state? The amount for the prepaid amount was on the GFE for the mortgage.
There is no way you can buy an HOA property without knowing about the HOA. The buyer and seller agent will definitely know about the HOA. Nothing can just get sprung on you
There is no way you can buy an HOA property without knowing about the HOA. The buyer and seller agent will definitely know about the HOA. Nothing can just get sprung on you
So there has never been a case where someone bought something and there was no mention of an HOA ANYWHERE and suddenly you get a letter? As human beings I find it hard to imagine that such a screw up has never been made.
So there has never been a case where someone bought something and there was no mention of an HOA ANYWHERE and suddenly you get a letter? As human beings I find it hard to imagine that such a screw up has never been made.
'
Of course there is such a case. Somewhere, buried deep in some legal archive is such a case. Though it won't be clean. Was it properly signed and recorded? Maybe not. Was it voluntary? Was it private?
Virtually all these limit cases will exist. But they are not relevant to normal HOAs.
I read this as the OP knew or acknowledged he was in an HOA, but never got docs to review.
As others have mentioned, if the HOA was never disclosed a that's a different case altogether. It happens, but it is pretty rare
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