Does the statute of limitation applies to homeowners association dues?
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Does the statute of limitation applies to homeowners association dues?
My association is pursuing dues from 5 years ago with no prior notices. My community is having so many issues with our management firm. Question whether they have done a proper job because our monthly assessment is a rip off.
Asked on September 14, 2011 under Real Estate Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states the statute of limitations to bring an action for breach of a written contract or for common counts is four (4) years. Some states have specific time periods for when a homeowner's association is required to file suit for unpaid association dues different than the standard four (4) year time period.
The real issue that is see is some waiver by the association to claim unpaid dues going back five (5) plus years where no prior notice was ever given to the property owner that they were ever owed. It does not make sense for the association to go back five (5) years in time to charge a property owner for something that should have been assessed years ago.
Potentially the proeprty management firm was careless and negligent for not assessing these dues when they become due.
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