Am I responsible for pastHOA dues that were not collected from the previous owner?
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Am I responsible for pastHOA dues that were not collected from the previous owner?
My HOA is threatening to place a lien on my property for past due HOA fees, but some of the money is past due because they did not collect from the previous owner.
Asked on June 9, 2011 under Real Estate Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would check with a local real estate attorney on the matter just to be sure but generally speaking I would say no, you can not be held responsible for fees and charges arising out of a contract with the previous owner, which is what this issue boils down to. The Home Owners Association here did not even pursue the previous property owners but it sounds as if you may have dues that are past due as well, correct? I would bring yourself up to date and make sure that all fees are current. Then I would write them a firm letter indicating that any dues incurred prior to your taking possession under the law are the responsibility of the prior owner. If they pursue it let them know you will be asking for costs and attorney's fees. Good luck to you.
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