Legal Question in Real Estate Law in Kentucky

Subdivision deed of dedication and restriction

My wife and I purchased a home in April 2002. At that time we were not aware or told of any homeowners association. We have now recieved a letter from a local attorney's office telling us that we are past due a $75.00 association fee and that if we do not pay this debt within two weeks, a lien will be placed on our deed. I am not aware of signing any contact stating that I was responsible to pay this when we purchased the home. As I understand, this is a yearly fee and I will be responsble for. Is this correct? If I do not pay this assoc. fee, then they can place a lien on my property. It does not seem right to me that I am required to pay this yearly fee when I was never notified of this in the first place.


Asked on 8/30/02, 6:00 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Subdivision deed of dedication and restriction

The documents creating the homeowners association are filed in the clerk's office where your deed documents are. The title exam should have revealed this. Certainly, the real estate agent should have informed you if he/she knew and it have been hard not to know. You may need to check with local counsel and get some answers. Also ask your neighbors as well and the attorney who sent you the letter.

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Answered on 8/31/02, 8:21 pm


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