Legal Question in Real Estate Law in California

Back HOA fees

I acquired a condo. through a default loan sale. The preivous owner had not paid their HOA fee's! Presently the HOA board is requesting that I pay the past owners rears HOA fee. What are my legal rights? Keep in mind that the default, and notice was handle legally, and published as required. The HOA took no action, other then filing a small claims on the past owner not the property!


Asked on 3/17/08, 1:18 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Back HOA fees

One needs to see the CC&R's to determine if the foreclosure of the mortgage would have wiped out the past unpaid assessments.

Read more
Answered on 3/18/08, 2:08 am
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Back HOA fees

I agree with Mr. Roth. Your community governing documents must be reviewed to determine whether the prior unpaid assessments were wiped out in the foreclosure.

http://www.rpmcclurelaw.com/

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

Read more
Answered on 3/18/08, 2:52 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Back HOA fees

You are only responsible for the HOA dues that came due after you took title to the property. If the foreclsoure sale was from the first trust deed holder, any lien that HOA might have had was wiped out by the foreclosure.

Read more
Answered on 3/17/08, 1:47 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California