Legal Question in Real Estate Law in Massachusetts

Can a Lake Association come after me for dues not paid by previos owner?

I recently urchased a piece of land in Ashburnham MA, which is part of the Sunset Lake Association. We closed on this property two months ago and I recdently received a letter stating that the dues have not been paid in over 10 years. I called the Associations Treasurer and she told me that this is not there problem its mine. She also stated that she was just a volunteer and that If I wanted her job I could have it. Needless to say after she made this comment things got a little heated.. She reported that this should have been discussed at the closing of the land. I told her if they had put a lean on the land it would have been discussed. She told me that they are just a small organization and that they dont pout leans on land. They are now telling me that I can not do anything with this land until the back dues are paid. Can they actually inforce this making me pay for what I feel is their mistake? Shouldnt the old owner have to pay these dues? Can they actually tell me that I can not build even if I pay the dues were the old owners left off?

Thankyou (huh)


Asked on 2/27/04, 1:48 pm

1 Answer from Attorneys
Len Foy NH Residential Title & Escrow

Re: Can a Lake Association come after me for dues not paid by previos owner?

Hi -

My name is Len Foy and I'm an attorney practicing in NH and Massachusetts. If you'd like to contact me directly my office telephone no. is (603) 434-3437.

Regarding your inquiry, I have a few questions. When you bought the Ashburnham property, did you purchase it with cash or with financing? Did an attorney or a title company conduct the closing, and certify good title to you as the buyer? Did you purchase owner's title insurance for the property? At the closing you should have received what's called a "HUD" or a "Settlement Statement," this document has the appearance of a ledger and it contains a breakdown of all the figures, selling price, costs and fees, any commissions paid, taxes, etc. If you can locate this document it should help you answer a few of the above questions.

What is the dollar amount of the unpaid association fees?

The long and the short of it is that the ass'n should have liened the property as you pointed out, but the ass'n may still be able to recover the unpaid dues, but you have recourse against the prior owner/seller and also the attorney or title company that certified title to you. And hopefully you did purchase owner's title insurance at the time that you closed on the property. Refer to the HUD or Settlement Statement that I discussed above - see if you were charged for owner's title insurance under buyer's fees and charges.

If you want to email me directly my email address is [email protected].

Good luck and regards - Len Foy

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Answered on 2/28/04, 8:02 am


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