Legal Question in Real Estate Law in West Virginia

Leftover HOA dues from previous owners

We bought a house and found out a few months later that the previous homeowners had unpaid dues to the HOA. There was no mention of this upon closing and nothing put into the settlement statement in regards to this. The HOA is trying to collect on these dues from us and is trying to tell us that it doesn't matter who owed the money that the dues are attached to the land. The dues were 4 months overdue by the time the house was sold, and the HOA did nothing. The attorney for the HOA was also the closing attorney for the sellers and I feel should have known whether there were any outstanding dues on the property. The HOA has basically told people that if you sell your house and have unpaid dues that it is up to the next owner to pay them. In the covenant it states that the dues are originally upon the land, is then the responsibility of the owner, and cannot be transferred to new title holder without permission. I know this should seem to answer the question, but the HOA treasurer is insisting that it is still our responsibility. She says that she is still waiting to hear from the previous owner, but is still trying to get us to pay for their fees. We are tired of the badgering, what can we do, and is this legal?


Asked on 4/13/04, 1:27 am

1 Answer from Attorneys
Anthony LeRose LeRose Law Firm

Re: Leftover HOA dues from previous owners

Was a statement given to you prior to closing that set forth the annual or monthly assessment AND all unpaid assessments currently due against the property? If not, then you should not be liable for any of the unpaid assessments. See W.Va. Code Section 36B-4-109. Although there are some exceptions that could apply, as I don't know your full situation.

Even if you are in fact liable for the assessments, you can go sue the previous owner for those. Also, the lawyer here might have some problems, particularly if he is the association lawyer and prepared the HUD-1 statement but failed to disclose the unpaid assessments.

Look at Chapter 36B of the West Virginia Code. In particular see 36B-4-109 and 36B-4-101. You can find the West Virginia Code here:

http://129.71.164.29/WVCODE/masterfrm3Banner.cfm

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Answered on 4/13/04, 1:39 pm


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