Legal Question in Real Estate Law in California
I live in California. I just moved into a condo high rise building equipped with fire sprinklers. This unit was foreclosed upon & remained vacant for a few months while it was being sold. HOA just informed me that annual sprinkler test has been rescheduled for my unit & I'll be billed $207 for rescheduling as access was not provided by the previous owner when the whole building was tested a few months ago. HOA says that test notice was posted on the door. HOA monthly fee delinquency notice was recorded against the bank. HOA staff should have seen for sale sign posted on a street facing window . Sellers agent denied any knowledge of the test. Wasn't HOA required to attempt to contact the sellers agent about the test. My question: Can HOA charge me rescheduling fee because the previous owner did not provide timely access for the annual fire test? I intend to appeal to the HOA Board about this charge as I took possession after the scheduled test took place. I intend to file in a small claim court if Board refuses to waive the charge. What is your expert opinion in this matter.
1 Answer from Attorneys
In buying the condo you would only assume debts of record or known to you. You are not responsible for the acts of the prior owner. When the lender foreclosed, the HOA would have received notice of the foreclosure if they had filed a request for notice. Since they apparently failed to notify anyone of the late charge that was going to be imposed, no one is liable as they failed to take reasonable steps to notify the owners of the situation. The monthly HOA fees probably were not paid until the unit was sold so they should have investigated what was going on.
Also, how does such an inspection cost that much money and where in the CC&R's does it discuss what the HOA can do?
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