Hey guys. I just wanted to get someones opinion on this situation. In Texas, I bought a property from the county trustee sale. There was an HOA lein on the house that was subordinate and written off due to the foreclosure. But now, the HOA is trying to charge me a $500 "legal fee" from the attorneys for:
"receipt and review of substitute trustee deed showing foreclosure and new owner of property, Forward copy of STD to association with new ownership information, and account balance information due to foreclosure, Draft motion to dismiss (prior owner of the property), draft order dismissing case, draft filing letter to the court."
I have read the HOA bylaws and covenants and they do not address these fees. It seams as though they are trying to recoup anything they can from the foreclosure and think they can sneak fees on to the new owner, me. It looks pretty clear that the fees are for their time used in regards to the previous owners problems.
Anyone have an idea if they can Legally make up these types of fees and charge me for them? Thought?
I imagine you can fight it off yourself at small claim court. The cost of legal hassle negates the cost of just paying them. Consider it as a lesson getting a distressed property.
Call them and setup a meeting. Ask them about it and plead your case. It’s too low to fight in court, so just be nice and see what happens.
@Mike Landry nicely request the associated policies that grant them the right to pursue you. The HOA got screwed by the prior owner. The HOA has incurred some hard costs in pursuing dues that are rightfully theirs to claim. If they cannot show either their own policies or state laws that allow them to continue pursuing a new owner then respectfully decline to pay and they cannot do anything to you.
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