Posted by cedar on June 19, 2006 at 19:53:20:
It seems to me that a homebuyer needs to be informed about any HOA and sign to agree to the rules of the HOA at the time of purchase, or, if the buyer does not like the rules, find another property. Are the HOA or the seller not obligated to inform the buyer about the HOA?
Homeowner association dues - Posted by cedar
Posted by cedar on June 19, 2006 at 17:10:02:
When we bought our new home, the homeowner association was not yet registered with the title company. Therefore we did never sign any papers agreeing to the terms of the homeowner association. Are we still obligated to pay homeowner association dues?
Re: Homeowner association dues - Posted by Bill H
Posted by Bill H on June 28, 2006 at 21:05:18:
Cedar:
Unfortunately the lack of having a copy of the HOA and the covenants is not a valid reason for not paying or not complying with them.
The HOA starts when the developer records the plat for the subdivision…he is the “Chief cook and Bottle washer…for the whole shebang to start with.” Then as the various lots are developed…the HOA transfers over to the property owners and the enforce the covenants and conditions and restrictions about which you are upset.
They should be given to you when you enter into the contract to purchase…and…lacking a clause in the contract to the contrary…not receiving them, a very common complaint, only leads to frustration and resentment…but does you no good otherwise…they are there and run with theland from the date they are recorded.
Good Luck,
Bill H
Re: Homeowner association dues - Posted by dealmaker
Posted by dealmaker on June 19, 2006 at 18:30:44:
It may depend on state law, but whether or not they’re registered with the title company has nothing to do with anything. In TX most HOAs are “compulsory” membership. That means you don’t have any choice about being a member, and the HOA dues can be foreclosed on just as ad valorem taxes.
dealmaker