Posted by John Merchant on September 18, 2006 at 17:45:59:
Your state’s laws will spell out exactly how a HOA has to be established, recorded, etc…and if it wasn’t done exactly as per the statutes, it wouldn’t be legal or effective.
If it was, and the title insurance company missed it, then the title ins. co. would owe you for your damages.
Get the woman’s letter to the title co. legal dept. right now so they can advise you what your rights are, and they at least owe you a legal defense if they insured the property and said NO HOA existent.
Posted by su guerzon on September 18, 2006 at 15:51:43:
I bought a home a year ago and no mention of any association-the title company says there is not one on title-I now am getting threatening letters from some lady in the neighborhood who claims to be the pres of some association-and is telling me if I do not pay dues they will lien my house-and I also will not be entitled to use the beach area in the subdivision (Which is on my Title) if my dues are not paid as well. Can a bunch of people just form there own association and not have it recorded to run with the land-and get away with this??Property is in ILlinois. Please help