Legal Question in Real Estate Law in Minnesota

assessment lien and court hearing
My husband and I bought property from private party; two lots are warranty deed and other two are torrance title. We were told after we moved in that we owed assesstment fees from a homeowner's association.We never signed any contract or agreement with this association but did pay fees they said was owed and then resigned with a letter sent to them stating this on advice of attorney general because we question the legality of this association. The association claims we cannot resign because covenants & restrictions run with the land and are described in abstract title and are binding? They do not have a description of all the property located in this association; they are missing exhibit ''a'' - it is not included with filing to secretary of state so how can they be legal? They do not control the sale of property here. Now we have a lien filed on our property from the association. The lien just sits there until we sell. How come we don't have a court hearing on this matter? What can we do?

Asked on 2/25/04, 2:35 pm

David Kelly-952-544-6356 Kelly Law Office

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Re: assessment lien and court hearing

Your problem is a good example of why you should have a lawyer involved when you buy real estate.

You need to have a real estate lawyer examine the title to this property and figure out what's up. The answers might be different for each parcel.

Good luck.

Answered on 2/25/04, 3:27 pm

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