Legal Question in Real Estate Law in California
Past HOA dues
If I buy a house that has an HOA lien on it from a previous owner, do I have to pay the lien? Does the lien go away when I buy the house? Who should I contact to make sure that the HOA does come after me when I officially own it? Thanks.
2 Answers from Attorneys
Re: Past HOA dues
Attorney Rothman is correct, and I only add that be sure when you receive your "Buyer's Estimated Closing Statement" those past-due HOA dues are not charged to your side of the deal - that they are truly paid out of the Seller's proceeds. I've seen this not handled properly by Realtors and Escrow Companies.
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Re: Past HOA dues
The escrow company handling your purchase will send the homeowners association a demand and request a release of lien. The dues and fees will then be substracted from the amount that the Seller receives. Please contact me if you have any other questions.
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