HOA membership and the past dues

Arc,

Welcome to the forum.

I am not an attorney and I do not work in the legal profession. This would be my advice:

First, pull a copy of your deed from the county and ask if there are any deed restrictions. It may be possible that the deed restrictions are not attached. If they are - you are a member of the Association. If they are not, check with an attorney concerning your legal position and how to respond.

Second, check all the documents you signed at closing. If there is anything that indicates an HOA or a PUD rider, that can be used as indication you were informed of the Association.

Third, If you belong to the Association, pay the assessments. Request a meeting with the board and at the meeting provide your documents showing your were informed of no Association. Tell them your willing to meet your obligations but request that they waive any charges for non-payment because of the issue. They may or may not waive them. Either way, it can't hurt to ask.

Fourth, If there is no documentation of an HOA, check with your title insurance. They may be able to help (depends on the insurance policy).

Fifth, contact your realtor for advice and indicate that you believed you were misled at closing.

Finally, to determine legal options based on what you have found, you will need to consult with a local attorney versed in property and/or contract law. If you know where the seller resides, you might be able to come to a settlement or, void the contract (which will require you to move out of the property). I suspect that either one will require legal actions and there may or may not be a statute of limitations in play. This is why you need to consult an attorney (after you do the research).

Are you living on the property? I'm curious why it took the Association so long to identify you as the owner.

Hope this helps,

Tim

I hate to say SOL but I am leaning toward that direction. The responsibility ultimately to be informed of the HOA existance is the purchaser. It's just a convenience for the previous owner/seller to provide those documents. Most states don't require anyone to provide that information as it is considered PUBLIC. The CC&R's are public records kept in the records department of your local courthouse. Although many won't tell you that information until after you buy. Mortgage companies do need to factor in the dues when approving your loan but doesn't mean they will know the HOA status either. Realtors go by what the seller tells them. Lawyers go through the documents so fast they may just assume you know this information but aren't required to furnish it. The HOA doesn't need to provide it as you are NOT a member until you purchase. Your lucky if the seller mentions the HOA status as they may be disgruntle with the HOA as a reason they are selling. They to are NOT always required to provide that info.

It's best you go to your local courthouse and see what is on file. Read those documents to find out when or IF the HOA/Swim club is indeed mandatory. If it is, then I would go into negotiations with the HOA on paying up. Maybe request they cut out the late fees or back interest owed. They want their money they may be glad to get any than none at all. Can't get blood out of a turnip...You can be liened or foreclosed on for this amount. So tread lightly and take the least expensive path of negotiation....