Am I entitled to the deposit made by previous home owner to HOA for architectural plans? I corrected items from previous owner?

Asked by Gs4me, 91702 Wed Jan 11, 2012

I bought a short sale home last year. The backyard was unfinished. I completed the requirements by HOA for me to complete the backyard plans from prior owner since they said we were liable for its completion. The previous owner had a $1000 architectural plan deposit they made to the HOA(this required on any improvements made to any home in the community). When we asked for the deposit,HOA said we are not entitled to it. Should we be entitled to it since we assumed all assets and liabilities when we bought the property? Should the HOA give the money back to previous homeowner? It sounded like the HOA wants to keep the $1000 deposit.

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Emily Knell, Agent, Huntington Beach, CA
Wed Jan 11, 2012
In my own experience, the only reference to "deposits" on a purchase contract is when you're dealing with a tenant & you're buying the property subject to a tenant's lease & their security deposit is transferred to you at closing.
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Emily Knell, Agent, Huntington Beach, CA
Wed Jan 11, 2012
There is not anything in the CAR RPA (purchase agreement) that I know of which states you would be entitled to this. The only thing the HOA wants from you is your monthly fee, on time & right quick. They're not too keen on giving away money. If you bought a short sale, chances are VERY high that the owner was defaulting on their HOA payments too & if they, like the bank, settled for less than what was owed, maybe they thought they should keep this money.

The person to ask would be either the HOA president, who may also be a community owner OR a rep from the property management company. You could ask for the specific section of their rules & regulations pertaining to deposits made by any owner & what happens with deposits in the event a property is sold & whether they think that those types of deposits are transferable to the new owner (YOU)


EmilyKnell1@yahoo.com
562-430-3053 c
Realtor Since 1996
Main Street Realtors
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