HOA Covenant

Started by RoseH5 • 1 replies • 134 views

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RoseH5 (Georgia)
Posts: 1

Posted:

Here is my issue. I have lived in my home for 30 years. During closing nothing was told that I was part of a HOA, on my final paperwork it has a line item that shows HOA but beside it on the line it says N/A. Nothing is stated on the warrantee deed either. 2 years ago, I started to receive invoices with late charges for HOA unpaid fees. When I called them up to ask what this was about, he told me that I was part of this HOA and he emailed me some paperwork that showed this area that I live in part of the HOA. This covenant paperwork was drawn up by the owners at that time on October 24th,1955. I told him that I new nothing about this and on my paperwork at closing I was not told anything and that my paperwork shows that I am not part of an HOA. What can I do? They continue to send me invoices and now it is up to almost $5,000.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Because HOAs can be legally complicated, I'm going to recommend talking to a lawyer right off the bat. It's unusual that you would have heard nothing for that many years, but it can happen. Many HOA's don't bill homeowners, but many others do. There is no way for us to tell what's happened here.

You'll need more information before you talk to the lawyer.

One thing you could do (if you don't still have all of the paperwork you were given when you bought your home) is to check with the county recorder's office, Any covenants, conditions, and restrictions (CC&Rs) that apply to your HOA would be recorded. You should also look to see if a lien has been placed on your home (this is the normal procedure when a homeowner isn't paying assessments). With luck the recorder's office will have a website where you can search for your community's name. Otherwise you'll have to call them and ask for copies of the relevant documents.

Please don't ignore this. If you are in an HOA, you can ruin your credit and even lose your home over unpaid assessments. You may also have a claim against whoever sold you your home if the presence of the HOA was not disclosed. But you need a legal opinion about the best way to approach this.

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