Legal Question in Real Estate Law in Virginia

Home Owners Association Dues

Hi,

I bought my house 2 years back and sold it about 6 months back. During the time I owned the house, Builder was still managing the Home Owners Association and they did not bill me for the entire period.

At the time of selling I called the Builder to see if there is any thing I need do and he said every thing is good. He did not say any thing about the Home Owners Association dues.

Also the Title company which did my sale contacted the Builder as part of the lien checks they do, builder did not say any thing about the dues.

Few months back, they handed over the sub-division to another company for managing the Home Owners Association. The new company went back billed for the entire period and sent me a statement about the dues.

When I contacted the New company, they are saying I am liable and I have a problem, I should contact the builder.

Can you please let me know, if I am liable legally to pay for the dues as the builder neglected to bill us for the dues.

thanks.


Asked on 11/08/07, 3:19 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Home Owners Association Dues

Yes, I would agree with the assessment that you are liable for the unpaid HOA dues up until the time you sold the property. Merely because you were not billed for something that you should've been, but, for whatever reason was not, but, nevertheless, you still enjoyed whatever benefit that was supposed to have been conferred upon you under the charge, you owe for (in my opinion). The new owner(s)who subsequently assumed title to the property should then owe for these HOA dues for the periods in which they were the owners of record based upon the same aforementioned principle.

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Answered on 11/09/07, 12:21 pm


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