We bought a foreclosure house in the community in February 2008. We pay one HOA fees on-time. On October 1, 2010 we receive a letter from another company that charge us for all time another HOA fees. That bill include all HOA charges for over 2 years and additional late fees. We contact that company to find out why they charge us and who they are. At that time we find out that our property has 2 different HOA. We contacted escrow and they told me that they did not have any info about second HOA. We ask HOA company to remove late fee of $ 300.00 due to we were not notified about those fees and the HOA did not know about our purchase until September 1, 2010, so they charge us for everything + all late fees on September 30 and we get this FIRST letter on October 1,2010. Now we receive another letter that they charge us pre-lien fee on the top of everything. I do not know how they could charge us all regular fee for over 2 years + late fees without even contact us or send us any bills before late fees. Can we file a small court to ask to remove all fees and also I believe if HOA and I get some misleading info, we should split the charges 50/50. Please let me know if we are qualified for small court or we need to pay all fees for over 2 years. We start pay our portion since we get letter (We pay since September
2 Answers from Attorneys
This is not a matter that can be handled in Small Claims Court.
In most cases, a bona-fide purchaser at a foreclosure sale is not liable for debts on th eproperty prior to the sale - if you bought at the trustee sale on the 1st. We would need to review the documents to see if you have a case. Our office is usually on the other side of these matters since we have represented over 600 homeowner associations.
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