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CB5 (Texas)
Posts: 5
Posted:
I recently purchased a condo at the end of November. The complex I live in is part condos and part apartments, therefor we share amenities (pretty much the pool). When I bought the place, I did so because the HOA fee was at a rate I felt comfortable with, $160 a month. I have been trying to contact the HOA but cannot to any avail. I was unsure what all was covered in my fee's and because I have not received a response back after a month and a half I have gotten my own insurance. I finally got the email address of the person who is control of finances, I emailed her asking where to send my check, and finally I heard back from someone via email with no other answers. Apparently my HOA went up to 385$. I would have NEVER of bought this condo with such a high HOA, it has barely any amenities, I have one parking space for a 3 bedroom and I am next to train tracks. This HOA has to be the highest HOA in my city, there is no way the condo will ever resale. I was looking at another city, which is much nicer but decided not to buy there because the HOA's were around 300$. Is there anything to do? I was never aware of this and apparently the previous owner was but never disclosed this information to me. Also the hike in price cannot be resolved because it says that the majority of the board has the right to put HOA to any amount (the HOA is owned by a company that owns the apartments therefore they will always have the majority of the board). Does anyone have any advice on what I should do???
PaulJ6
Posts: 990
Posted:
I'd figure out how much you overpaid, and how much in HOA fees you will likely pay over the course of your ownership, and would go after the seller for failure to disclose that information to you. I'd do it quickly since the statute of limitations for filing a lawsuit could be as short as one year from the date of the purchase agreement, but hopefully not.

This is a problem for the seller first and foremost. I would go after him/her.
CB5 (Texas)
Posts: 5
Posted:
I am primarily worried that there is no way I will be able to sell the house back. There are no condos with this high of an HOA in this city. I am guessing I will end up having to sell the condo for a lot less than i bought it, is that what you are thinking?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
CB,

You sound over your head in this.

I would first talk with neighbors who are owners, get the history, then check your docs carefully.

Once you understand what happened, it might make sense to discuss with an attorney.
MarkM19 (Texas)
Posts: 1,459
Posted:
CB5,
Is this the first thing of Value you have ever purchased? You have to have your eyes wide open before you make what is usually this type of Major decision. Did you have a Realtor assist with this transaction? They hold some of the blame here IMO. I am also assuming No Guns were used forcing you to make this purchase.

Please tell us the whole story so that if we can help we have the details. I doubt that this will be anything else but a major life lesson.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is good that you did consider HOA's dues when purchasing. Many people do NOT factor in the HOA fees when purchasing. So I do commend you on this forward thinking. Also hope you live in state that required the seller to turn over the HOA's documents to you. Not every state does this. So you should be looking into your CC&R's, By-laws, and Articles of Incorporation for many answers.

It sounds like your still developer owned and not owners. Which means your pretty much under the developer's thumb. They rule the roost. If you know the company name, then contact them. Find out the real story here. Seems odd for such a big difference in dues.

When I purchased the mortgage company did factor in my HOA fees. It was disclosed to me then. Depends on what type of loan our purchase you may have done. Mine was FHA which means a HUD form is required. That form if used discloses the HOA information like dues etc... to the mortgage company. Bank approval they usually factor in HOA dues. That is because not paying HOA dues the HOA can foreclose or lien. So it effects their loan risks.

So get a better story why the increase. Could it be a special assessment? Is there an additional benefit in the dues you are not aware of? Need a bit more information before can give you the best advice.

Former HOA President
AugustinD
Posts: 5,144
Posted:
CB, it appears to me that Texas Property Code 82-157 required the seller to provide you with a "resale certificate." The resale certificate is required by law to state, among other things, "2) the amount of the periodic common expense assessment and the unpaid common expenses or special assessments currently due and payable from the selling unit owner;" As interested, see https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm . If you cannot find these documents in your purchasing papers, then I suggest you call your realtor and ask if he/she has them.
CB5 (Texas)
Posts: 5
Posted:
I worked with a realtor and signed that my monthly fee would be $160 when I was at the title company. Of course I knew they could raise HOA fee's but I never thought 125%! This is the first time I have ever dealt with an HOA. I was thinking that it was pretty unethical of the sellers realtor to not think that this information should be disclosed as well.
CB5 (Texas)
Posts: 5
Posted:
Part of the issue is, I cannot get a hold of anyone in charge of the HOA. I really do not know what additional benefits may of happened. This has been so frustrating!
GeorgeS21 (Florida)
Posts: 3,808
Posted:
A lot, a LOT more information, is needed.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By CB5 on 01/15/2020 4:44 PM
I worked with a realtor and signed that my monthly fee would be $160 when I was at the title company. Of course I knew they could raise HOA fee's but I never thought 125%! This is the first time I have ever dealt with an HOA. I was thinking that it was pretty unethical of the sellers realtor to not think that this information should be disclosed as well.
Why is it you think the seller's realtor knew an increase was coming? Texas statutes also require disclosure of certain information about the reserve fund. Why? Possibly to make it difficult for buyers like yourself, who do not study the disclosure, to file suit.

I doubt it will be all that hard to re-sell the condo.
MarkM19 (Texas)
Posts: 1,459
Posted:
CB5,
I doubt that the HOA is going to want to get involved in your Real Estate transaction. Keep that out of your request IMO. I would ask for copies of the minutes for the last few meetings. I would also ask for a copy of the Budget and the Reserve Study if they have one. Someone mentioned that this HOA might be under Developer Control. Typically they always try and keep Dues as low as possible even by subsidizing them so that Buyers keep buying. Once they leave and the Homeowner Board takes over they are sometime forced to raise dues just to pay the monthly bills.

Not sure what your HOA situation is so we are making a lot of assumptions.
PaulJ6
Posts: 990
Posted:
Quote:
I was never aware of this and apparently the previous owner was but never disclosed this information to me.

I would file a lawsuit about this. Or at least I'd talk to a lawyer. If you were screwed by the prior owner, I'd sell the place and sue the prior owner for (1) breach of contract, which could get cash damages for you, or (2) fraudulent inducement, which could result in the sale agreement being voided and you getting your money back.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Lawsuit!

Lawsuit!

Lawsuit!
CB5 (Texas)
Posts: 5
Posted:
I am contacting a lawyer today. Any suggestions for a good real estate lawyer in the DFW area?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
CB,

Did you obtain all your governing docs, read and understand them, then discuss with your neighbors?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By GeorgeS21 on 01/17/2020 10:24 AM
CB,

Did you obtain all your governing docs, read and understand them, then discuss with your neighbors?

Why should someone do that prior to suing?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Good point ...

Lawsuit!

Lawsuit!

Lawsuit!

πŸ™‚
PaulJ6
Posts: 990
Posted:
Quote:
Posted By CB5 on 01/17/2020 9:21 AM
I am contacting a lawyer today. Any suggestions for a good real estate lawyer in the DFW area?

I don't have any specific names, but a small firm or solo practitioner who is very aggressive would be great for this. Some real estate litigation experience would be helpful.

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