Legal Question in Real Estate Law in California

I just bought a condo in California, and escrow closed in December. The escrow company paid the January HOA dues and debited me for them plus the portion of December that I owned the property. But the HOA manager now tells me that the seller did not pay the December dues. The HOA says that the Escrow company made a mistake, and the escrow company says that the HOA made a mistake by not indicating December as unpaid on their demand form.

The HOA manager says if the escrow company does not pay he will take my February dues payment and credit it to the unpaid month. Is there any law prohibiting him from doing so?


Asked on 1/12/11, 11:05 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe that if you directed the HOA to apply your next payment to a particular month's dues, such as February, it would be obligated to do so. However, I don't believe this would be to your advantage. The three of you should sit down together and work it out.

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Answered on 1/17/11, 1:57 pm


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