Legal Question in Real Estate Law in California
I recently purchased a home and in ALL my paperwork there is no mention of an HOA and I even purchased the home because it was not in a HOA community and a month after I moved in I got an invoice from an HOA so I called my realtor and they said that that can't be possible because the house was not under any HOAs and now I'm receiving violation notices from the HOA company and I've talked to them about my situation and they are telling me that there is no way around it, that I have to pay but I never signed any documents on it, what are my options?
1 Answer from Attorneys
Take a look at your title insurance policy. Is there any exception listed that is called something like "declaration" or "covenants"? If so, obtain a copy of the recorded document from the title company and read it. (You should have done this prior to purchase.) Does it say anything about an owners association?
If there are no covenants, or if there are covenants but no association, then call the title insurance company and tell them you would like to make a claim under your title insurance policy. Request that they defend you against the claim of lien by the "association". This is what title insurance is for!
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