Legal Question in Real Estate Law in Illinois
We are being charged for 3 years of Home Owners Association fees, for a HOA that we did not know existed until we received this bill. Can they legally charge us for this?
2 Answers from Attorneys
Normally when you buy into a multi-family development (whether it's just a small condo building or a townhome or .....) you get a whole bunch of documents that say whether there is an HOA, dues, etc., plus at closing usually there is a letter from the association saying there are no unpaid dues (as of that date). So something sounds "fishy" unless the HOA was that negligent. Which is possible. They may be able to charge you, but if they are doing it as a lump sum there maybe something that can be done to "soften the blow". But there is more that needs to be reviewed for a proper answer.
If everything is properly established, the authority for an association is part of the public record, which puts you on notice. At that point, additional inquiries and documents are necessary. Return to your closing attorney to review your title insurance commitment, contract and closing documents. If you did not use an attorney, then your gamble may have cost you and you should consult an attorney now. More likely than not, you will need to pay the association. If the title company missed something, perhaps you would have a claim. If your real estate agent suggested proceeding without counsel or tried to advise you concerning legal issues, the agent may have some liability.