Home Buying in 43235>Question Details

Li, Home Buyer in 43235

no contract for hoa fee. should I pay after closing?

Asked by Li, 43235 Thu May 10, 2012

I did not know nothing about the HOA fee for the house I purchaseed, also I did not sign any document for the HOA fee. After the closing the HOA pop out and ask a HOA fee. Should I pay it.

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Answers

8
Todd Green’s answer
I am not an attorney and I would consult one for this question, but I would say from past experience that you will be obligated to pay as each home in the subdivison is required to pay for it or they will put a lien against your home. A real estate attorney would have the best answer.
0 votes Thank Flag Link Thu May 10, 2012
You should check to see if it a mandatory or voluntary fee first.
0 votes Thank Flag Link Thu May 10, 2012
Typically a Title Company will catch this. I would inquire why they didn't. You will be responsible for it. It's at the discretion of the HOA as to whether or not they enforce it. A lot of them are pretty lazy.
0 votes Thank Flag Link Thu May 10, 2012
You will have to pay unless is it voluntary. Some HOA's are voluntary. If it is NOT voluntary it should have been on the Residential Property Disclosure. If there are back dues (you didn't specify) they should have been paid at closing by the seller. Also, it should have been on your settlement statement at closing because HOA's are always pro-rated in Columbus, per the contract. I'd check with the title company because if it is a mandatory HOA it should have shown up during the title search. If not, it may be a voluntary one.
0 votes Thank Flag Link Thu May 10, 2012
Where was your agent in this scenario?
0 votes Thank Flag Link Thu May 10, 2012
You bought a home in a HOA and didn't check the rules? You are responsible for the fee.
0 votes Thank Flag Link Thu May 10, 2012
Sorry you were not told about any HOA fee, but you will probably have to pay it. It comes with the covenants of the subdivision where you purchased and is required. The HOA can place a lien on your property for unpaid fees. When I sold homes in Virginia this became a problem so the Real Estate commission required all buyers to receive a copy of the covenants prior to closing so they could see the rules. I am not sure what state you are in or what your rules are, but I can tell you that if there are covenants that allow a HOA there will be fees and all property owners must pay them.
0 votes Thank Flag Link Thu May 10, 2012
You need to contact your buyers agent and discuss this with them. If you did not use a buyers agent you are going to need to contact an attorney.
0 votes Thank Flag Link Thu May 10, 2012
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