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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default HOA Not Disclosed at Time of Sale

    I purchased a home July 2009 in Ohio. Home MLS listing showed no home owners association (HOA), my contract to purchase noted that HOA was a non applicable item, and the selling agent stated no HOA was present on this property.

    Yesterday I received a letter from a HOA management company stating that I had an $80.00 assessment due for Surface water management. The letter also states that a $250 balance is carried over from 2009 bringing the total due to $330. All payments payable to (name of HOA). This is the first I have ever heard of an HOA or any fees, much less overdue items from 2009.

    I have never seen any HOA forms, regulations, fees, meeting minutes, letters or anything at all over the last year. Of course I never signed anything either.

    The company had my name, correct address, and correct parcel lot number on the paperwork. These are all pubic record, but I dont think this is a scam.

    What are my options here? Am I forced to accept the HOA? If so, what recourse do I have against overdue bills from prior owner?

    Thanks in advance

  2. #2
    Join Date
    Jan 2006
    Posts
    20,745

    Default Re: HOA Not Disclosed at Time of Sale

    What are my options here?
    well, my first action would be to figure out if it is a scam or there really is an HOA and not guess.


    Then if it is legit, find out if you are bound to the rules of the HOA.

    then, it sounds like you might have a claim against the seller for unpaid fees and possibly even more due to the failure to disclose the presence of the HOA.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Aug 2010
    Posts
    3

    Default Re: HOA Not Disclosed at Time of Sale

    Thank you for the quick reply.

    What steps do I take to discover if I am "bound to the rules of the HOA"?

  4. #4
    Join Date
    Jan 2006
    Posts
    20,745

    Default Re: HOA Not Disclosed at Time of Sale

    I would start with the pres of the HOA presenting documents that prove they are a legal HOA.

    Then have them provide documents that prove your property is bound to honor the HOA.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: HOA Not Disclosed at Time of Sale

    You can also check your title history.

  6. #6
    Join Date
    Aug 2010
    Posts
    3

    Default Re: HOA Not Disclosed at Time of Sale

    Thank you again, I will start making phone calls tomorrow.

    One other thing I found, searching title records. This is the only record in which this appears. I would assume that is a bad sign for me?


    Parcel Number: 15-05-205-030 Date/Book/Page: 11/01/1995 - 1157/297/0
    Grantor:

    C T INTEREST LTD
    Document Type: CONVEYANCE/ DECLR
    Description: 14 PIPESTEM
    Transferable: N
    Grantee: PIPESTEM HOMEOWNERS ASSOCIATION
    File Number: 0
    Lien Amount: 0

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