HOA suing us any help?

Crazyguy

Just thought I would ask in case any of you have had any experience with a Home owners association. I'm being sued for not paying dues and other fines and went to a mediation hearing a while ago. We explianed that we we never informed of the HOA when we bought the home and never signed any agreement, infact I was very explicit with everyone involved in the buying proccess to make sure there was no HOA since i did not want to buy if there was one. Any way the HOA was defunct at the time so title, escrow did not know that one excisted. Anyway to fight this and win, going to contact a attorney this week but any help would be great thanks.

tenyearsafter

In most States, the proper disclosures have to be made at the time of closing. I would be very surprised that a legal HOA exists if they don't supply you with CC&R's and Association Rules prior to close of purchase. You definitely need to consult an attorney...

sspo

Did you use a realtor when you bought it ? Hard to believe it was never discosed to you by the seller or realtor or when you got a loan on it.

I've heard of many people losing their home for not paying HOA..can they put a lien on your property

DT

Do you have title insurance? If so, you may want to contact the provider. If they missed something when researching your title, they may have to pay for the legal costs.

3rdgen

Hi Crazyguy,The good news: They call it title insurance for a reason. They are paid to find the pertinint info affecting the property. They didn't in your case and are responsible for this omission. The Real Estate broker may be liable as well. They also carry errors and omissions insurance. Both of these were PAID for their services and are legally on the hook. The bad news: Even if the HOA was not in effect or disclosed at the time of purchase, you know now and you're stuck with it from the time you were informed. You may have to move if you don't like it.

Glander

HOA was defunct at the time you bought? That is strange.

So you did not receive a copy of the HOA covenants? They just started dinging you for dues?

I would fight this tooth and nail.

By the way. We went through a few years in a HOA. NEVER again. I would rather live in a prison camp.

LisaRose

I have never heard of anything like this, it seems fishy. As others have said, contact your title insurance, they should have caught this. Also contact your realtor, it may be you have recourse because the sellers should have disclosed any issues with the HOA. Also, find out when your HOA meets, you should be allowed to attend and plead your case with the board. I am on the board of my HOA we have a management company that deals with these issues, but the board does have some say. Depending on the circumstances, they may or may not be able to help you.

truthhurts13

This is one of the easiest slam dunk wins ever. I would suggest looking into and studying Private International Law. You can easily stop all this nonsense by sending a couple of letters in the mail. As long as you use the correct language in your paperwork, no one can touch you. Not the banks, police, etc.

You have far more power than ANY corporation, you just don't know it. Look into Contract Law under the Uniform Commercial Code. If you do it correctly, you can basically own that HOA, and nail them for any headache they cause.

Go to youtube and type in "the power of paper" and watch that short vid. You need to control the world you live in, not be controlled by it

"Those who say it can't be done, should not interfere with those doing it"

Barrold Bonds

you should hire a lawyer instead of asking the internet.

joyfulfader

Def check with a lawyer. Apparently there is legislation in the works to take away the power of the HOA. They sued me for $1000 for non existent weeds and did not tell me and my lawyer said they are very hard to sue and are not afraid of the individual homeowner. Since it was not disclosed at closing you may have a shot. Depends on where you live and the state laws.

HOA suing us any help?

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