Hi, thank you for the responses. The condo did already foreclose in OCT 2009, they recorded and updated 30 year old CC&R's in Nov orf 2009 where it now states it is a persoanl obligation. I never did receive a copy since I did not purchase this condo. My ex-fiance did, he put me on title without my knowledge so the deed of trust only has his signature.
That is a legal question and not a real estate agent opinion. I would contact an attorney in your jurisdiction that specializes in real estate if you want a reliable answer. Part of the answer is in the CC&R, while part may be found in state laws and cases.
Jack Gillis, M.B.A., J.D.
Jack Gillis Realty Advisors
Nathan Grace Real Estate, Broker
5619 Dyer Street | Suite 100
Dallas, TX 75206