HOA threaten a lien

1 Reply

Hello forum!

I hate to sound real ignorant but this one is bothering the heck outta me...matter of fact I'm so stressed out I can't even think clear so I need yall help with clear thoughts.

Background :

I recently sold my personal home. Literally not even a week ago. I purchased during the recession and purchased from a local reputatble non profit organization. Sales contract and my title paper work never indicated a homeowner association. Maybe like 5 years into my residence - I was told there's a HOA and HOA dues. I Google'd information and found their bylaws but Im going to be honest...I can't exactly what it said. However I could have swore the bylaws stated it was voluntary HOA and still say it was. From then to now....I've never ask for anything from HOA. I never opted for any services. Heck, I've never seen the HOA do anything for the neighborhood except snow plow (If it snowed).

Today I received an urgent email from my title company that closed the transaction that stated the HOA contacted them and demanding payment. Specifically, they said " they were never contacted for payment and the HOA is not volunteer "(I'm assuming the title lady told the director I stated it was....and I also signed paperwork and seller disclosures it was volunteer because that was my understanding). I don't even think I have any paperwork or deed language stating so.....however, I read the email the title lady received. The director of this HOA indicated they placed an invoice on my door back in 2006 but I never received it. It's only $36 a year so it's not like that type of money couldn't be paid. My family and I lived in that home for 10 almost 11 years.....and, to me, when they found out I sold the home....all of a sudden they wanna come with their hand out (my feelings and thoughts). The title lady indicated it's a serious matter and she's subject of informing new buyers about the HOA and requested I drop of payment and made mentioned - the HOA is threatening to place a lien on the joke with new buyers . :/

I understand no one can inform me of any legal advice....I am seeking some sort of previous experience or knowledge about this issue I have on my plate. Please help. I really feel it's bogus. I could be wrong and just in my stressed out feelings. I literally don't know the direction I can take. But I don't feel the need to have to pay for this. Please advise any suggestions professionals and TIA!

Ps the whole neighborhood was very friendly with me. So many occasions they spoke to me and my children as we were all close knitted neighborhood. Never said anything. Never! Up to now :(

The answer is going to be very state specific but I would want to know what the statute of limitations on the collection of the HOA lien is first. If it is still within the statute then it is likely the HOA attorney would prefer to collect in rem against the property (and new unit owner) rather than in personam against you. If the collect against the property the title company will likely have to pay the back due amount unless there was some sort of coverage exception. I am not saying the debt isn't ultimately owed by you but from a collection strategy you are the least likely they will collect against.

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