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NicholaK (California)
Posts: 1
Posted:
I recently sold my condo in california, that falls under 2 HOA's...the master one (living in a gated community and the second one living in the area)
I started escrow with the same agent and escrow company twice before with the same condo, but both times the sale fell through...the last one went as far as the 2nd HOA were noting the change title of deeds in process.
Anyway, I've found out now that the 2nd HOA is still in my name, and informed them that I don't own the title of deeds...they informed me that only the escrow company are allowed to change it and talk to them, the escrow company said that escrow is finished and I can work with the HOA directly...no need for escrow to be involved (but they will help provide the documents needed to take my name off the house)...but unwilling to work directly.
I've emailed the HOA for the documents I need etc..but my question is ...who is responsible/liable for the mistake. I'm sure the new owner's won't be happy hearing they have to pay 2nd HOA. I asked the escrow company if I was a fault, and they said the master HOA should had disclosed it through escrow, and also our realtor should had known also and disclosed. The escrow company are taking no blame cos they said they can't disclose what is not given.

Does anyone know whom is at fault in this situation?...i will probably have to give the new owner a good explanation why this got missed...and maybe legally responsible myself.
Naturally..i stopped the payment of HOA when the house changed owners....so about 2 months HOA's are due now....so do i have to pay that or the new owner?

MaryA1 (Arizona)
Posts: 7,043
Posted:
Nicholas,

The way the process normally works is that the property owner informs the realtor of the HOA,in your case 2 HOAs; the realtor, in turn infoms the title company. If you informed the realtor then perhaps he dropped the ball. In AZ the HOA info is shown on the listing and the prop owner would also see the info on the disclosure statement that he would either sign or initial.

You are only obligated to pay assessments for the time you were the owner. However to smooth things over with the new owner you may want to inform him/her that you will pay those two months, especially if you are the one who dropped the ball. Or, maybe if the realtor is at fault, you can get him/her to pay the two months.

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