Legal Question in Civil Litigation in Utah

C c & r

We bought a house in Layton. All advertisements said no HOA fees. We never signed a CC&R at our closing with the Title Company or anytime since. We have now just received a notice that they had their first HOA meeting. They want to charge us a yearly fee. It says that they are going to put out a ''Rules and Regulations'' with a Notice of Assessment, outline fines, etc according to the Covenants. Are we legally obligated to this CC&R that we have never signed. The subdivision is 6 or 7 years old. All this time no fees/covenants have been in place. I can't see being held to a contract that I have never signed. Thanks


Asked on 3/07/05, 1:19 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: C c & r

Check with the title company, and also on your title report to see if the CC&Rs are recorded. If recorded, you are bound; except you will have a cause of action against the title company and/or escrow agent for your costs of the HOA fees. If not recorded you do not have to pay the fees.

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Answered on 3/07/05, 5:14 pm


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