Can HOA owner sale without notifing the HOA

Started by VictorA • 5 replies • 1570 views

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VictorA (California)
Posts: 3

Posted:

An owner that was behind on the HOA fees move out of the property and was telling every body except me, that already sold the unit but the HOA have not been notified of the sale Can they do that? There any weeb site I can go and see who is the new owner, if in fact unit was sold? Any info will be appreaciated.

LindaC3 (Florida)
Posts: 526

Posted:

Victor-- Which state do you live in and what town ? Do your Decs have a clause about first right of refusal or something along those lines? Has the HOA placed a lien on the property and properly recorded one where when a title search is performed at the court house it would show up ? I am no attorney gut if you haven't done those things you may have to cut your losses ...Linda C

RogerB (Colorado)
Posts: 5,067

Posted:

Victor, in Colorado the title company gets a certificate of status of assessment. If there is an outstanding balance it is collected from the seller at closing. If the assessment is not paid the HOA can come back on the title company which issues the title insurance.

The assessment balance remains on the property until paid. So if someone buy without this being cleared they are responsible for the amount of delinquency.

BrianB (California)
Posts: 2,820

Posted:

In general, an owner can sell their property without notification to the HOA. In most states, totally legal.

In most states, the title company will check with the HOA for fees and assessments due. The HOA can then advise them of the amounts due, and either the buyer or seller is required to pay them to close.

If you did not record a lien on the property for back fees/dues/fines (where legal), you may either have to get a judgement for recovery, notify the new owner that the old fees are due and collect from them (and thus, force them to sue the previous owner for recovery), or do some things even less legal. Theoretically, unpaid dues/fees would be required to be explained/confessed to as part of the selling package (just like termite damage or other hidden hazards), however, proving that is difficult at best.

VictorA (California)
Posts: 3

Posted:

Thank you so much for all the feed back I really appreciate the info. to answer some of the questions for some of you. We are in california, and our by laws states that all the assesment or assesments will be paid to the HOA when they are due.(1st of the mont)and every new owner get a copy, and forget me but I'm just learning as I go. Where will I go to file lien against the unit? Do I need to hire an attorney because the HOA don't have one. Thank again...

RogerB (Colorado)
Posts: 5,067

Posted:

Victor, liens are filed with the County Clerk in which the HOA presides. You do not need an attorney but you do need to know the laws regarding limitations on filing and proper wording in the document filed.

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