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  1. #1
    Join Date
    Sep 2016
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    Default HOA Lien for a Former Owner's Unpaid Dues

    A condo owner purchased a condo in foreclosure. After purchasing the home they asked the condo association how much they owed in dues, and were sent a bill only for the current amount due. Three years later they planned to sell the condo and discovered a lien for dues owed by the prior owner, which the condo association says remains due with interest. They asked why the amount never appeared on their bill, and were told that they were given the bills from their own account, which did not carry over the former owner's balance. With interest and penalties the prior owner's bill is for more than $1,000. Can they successfully charge that amount to the new owner?

  2. #2
    Join Date
    Sep 2005
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    Default Re: HOA Lien for a Former Owner's Unpaid Dues

    They likely can, although the specifics will depend upon the full facts and state law. Given the amount, though, there is a question of whether it's worth the cost of researching the issue, or trying to litigate, rather than trying to negotiate a settlement of the debt. If it's not possible to negotiate a mutually acceptable settlement, there is the option of paying off the debt and then suing in small claims court to try to recover the amount paid; but before you sue you should do the necessary research to see whether you have a basis to dispute the debt, whether and when any lien may have been formally recorded against the property, and the legal theories under which you might recover under the laws of your state.

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