Home Buying in 33625>Question Details

Tamduval91, Home Buyer in 33625

I purchased my home 7/09 and had no idea it was a part of HOA until this month. Can I sue and if so, who.?

Asked by Tamduval91, 33625 Tue Jun 14, 2011

I am a Maryland resident and I closed on my home in July of 2009. Until this month, (June 2011), when I was hit with some pre-existing property damages along with a back dated bill with interest added, I had no idea it was a part of a hoa. I reviewed my closing docs, my hud 1 and the original property listing and nothing indicated an hoa.

Help the community by answering this question:

Answers

6
Oh, and don't automatically assume the HOA bills being sent to you are correct. Some sleazy HOA attorneys will attempt to collect back due HOA fees for which they are not entitled per Florida HOA laws.

If a property in an HOA forecloses, the maximum they can collect is 6 months HOA dues and it's normally paid by the Seller at closing. You should see a credit or debit for the HOA dues on the HUD-1 Settlement statement you received and signed at the closing. A condo allow one year of back due HOA's to be collected on a foreclosure.

On a Short Sale, all HOA and condo dues must be paid in full.
0 votes Thank Flag Link Thu Jun 23, 2011
Check your contract. In Florida we not only have BOLD font wording in the contract for YOU to be aware that if you are buying in an HOA you should review the disclosure attached to the contract. The HOA addendum also discloses the details, i.e. the fees.

Who was the listing agent? If this was a bank owned property, the seller may have no knowledge of an HOA or be required to investigate to find out if there is one.

DId you pay ALL CASH? If not then your lender also must have disclosed the fact you were buying in an HOA.

Your title insurance policy would also have the disclosure about buying into an HOA.

So unless you closed your eyes and signed your contract, addendums and lender supplied documents, you should have know about the existence of the HOA.

You probably do not have a case against the title company because it is not their responsibility to act as your attorney to review your contract, title insurance committment, etc.

Good luck but be careful before you waste any money on an attorney if you don't have a case!

Here's a very interesting website about living in an HOA:

http://www.ccfj.net

All the best,
Alma
0 votes Thank Flag Link Thu Jun 23, 2011
WOW....two years with no idea of an HOA......

You may need to review your original contract documents to identify the presence of an HOA. Normal transactions will include an HOA disclosure that is signed by both the seller and the buyer and is part of the transaction documents. If you don't have yours, we recommend contacting the real estate company that handled your transaction. They should be able to produce this documentation for you.

In this day and age, anything is possible but it's unlikely that there wasn't some form of disclosure involving this...prior to taking serious legal action, it is strongly recommended that you invest some time collecting information and being certain that your claims are accurate.

Good luck,

Bill
0 votes Thank Flag Link Tue Jun 14, 2011
Thank you, I agree, the title company should have done their jobs. I am scheduled to see a lawyer but I didn't want to waist my time if I didnt have a case. Thanks a million!
0 votes Thank Flag Link Tue Jun 14, 2011
Agree with Anna on the legal side. It sounds like your Title Company should of caught this. This is exactly why buyers get a Title Insurance Policy. They should've know there was an HOA and the Lender should've done their due diligence as well.

good luck.
0 votes Thank Flag Link Tue Jun 14, 2011
Since you are asking a legal question, it's in your best interest to consult with an attorney who specializes in real estate, have all related documentation reviewed and see exactly what options you may have....
0 votes Thank Flag Link Tue Jun 14, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer