Virginia HOA in Gated Community

Started by SandyC • 4 replies • 1265 views

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SandyC (West Virginia)
Posts: 18

Posted:

A property owner purchase house on 1/2 acre. Then they purchased adjacent vacant lot. They combined their lot with vacant lot. They sell house as "house on 1 acre". New property owner decides to separate the vacant lot from their house to sell completing all required legal documents.
The HOA notifies NEW property owner past "dues" will need to be paid for newly separated vacant lot back to when it was purchased by previous owner. (This is not due to unpaid dues etc)

How can the HOA require new property owners to pay past dues on now separated lot from the time previous owner initially purchased lot? (Again, this is not a matter of unpaid dues)

Required dues for their 1 acre lot has and is being paid.

Help?

BradP (Kansas)
Posts: 2,640

Posted:

Sandy:

They can only make the current owner pay dues on that lot from the time they purchased it. What the past owner did and got away with is the fault of the HOA. Even though the previous owner treated it as one lot in actuality the HOA should have been billing them as two lots for dues purposes and they should have been doing that with the current owner as well.

GloriaM (North Carolina)
Posts: 829

Posted:

Also when the previous Owner combined the lots to 1 (hopefully recorded in the County) they should pay for just 1 lot. When it was separated again and now there's 2 the Owner should pay from the date they closed only.

RogerB (Colorado)
Posts: 5,067

Posted:

Sandy, I think there were still two lots with just one owner unless the Declaration plat was amended. Each lot should be assessed. However, if the status of assessment letter to the title company did list this as a balance due the associate can not collect from anyone. The new owner is not liable for assessments prior to buying the two lots, the seller was. After purchasing the two lots the current owner should be assessed for both lots individually until such time as one lot is sold. If the current owner only pays one assessment, then when the property is sold all costs related to that lot should be listed in a status letter to the title company. The title company will collect at the time of title transfer.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By RogerB on 08/03/2007 12:46 PM
Sandy, I think there were still two lots with just one owner unless the Declaration plat was amended. Each lot should be assessed. However, if the status of assessment letter to the title company did list this as a balance due the associate can not collect from anyone. The new owner is not liable for assessments prior to buying the two lots, the seller was. After purchasing the two lots the current owner should be assessed for both lots individually until such time as one lot is sold. If the current owner only pays one assessment, then when the property is sold all costs related to that lot should be listed in a status letter to the title company. The title company will collect at the time of title transfer.

Oops. Left out key word in second sentence.
... letter to the title company did NOT list ..

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