Legal Question in Real Estate Law in Texas

home owners association

Can a homeowners association charge you with back fees associated with a property you just purchased? They are saying they will turn it over to a collection agency if i do not pay but i purchesed the property days ago and the fees are owed by the previous owner from years back. Is this legal? What is the statute that covers this in TX law?


Asked on 2/23/09, 10:43 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: home owners association

Probably. But you can turn around and sue the seller for that amount because a Warranty Deed should have been signed which warrants title.

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Answered on 2/23/09, 10:57 am
Joseph A. McDermott, III Attorney at Law

Re: home owners association

Did you get a title policy when you bought this property? The HOA dues would have to have either been paid at closing or noted as an exception to title at the time of purchase.

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Answered on 2/23/09, 3:16 pm


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