How can we binded by an HOA if we didn’t sign?

We purchased a home 8 months ago. Before purhasing we asked for a copy of the CC&R’s so we could see if they were within our monthly budget along with the new mortgage. However the policy was not given to us until 4 months later. The HOA has now files for a lien on our home because we have not paid the dues.

Asked on June 7, 2012 under Real Estate Law, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please seek legal help from ana ttorney as soon as you can.  I am fearful that the contract of sale made it a requirement that you join the HOA.  If the HOA is optional then you may also have had to "opt out" with in a certain time frame.  Generally speaking, HOA's are legal entities and joining them is usually mandatory for property owners on a development.  Good luck.

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