Legal Question in Real Estate Law in Mississippi

I bought a fixer upper not knowing it was a part of a homeowners association. Diamondhead Property Owners Association in Diamondhead, MS. They are trying to charge me over $10,000 in unpaid non compliance fees from four years before I owned it and including the three years owned it. I bought it on a quit claim deed and the POA claims they filed something with the county attached to every deed in Diamondhead making the property owner responsible for any debt. I already pay dues since I owned it, water, fire, and taxes even though its vacant. The POA said they would waive the non compliance fees if I fixed the exterior. I spent $10k doing that and then later received another letter threatening legal action if left unpaid. Can I give up my rights to the property? The county said they can sell my property for taxes, would I still be responsible for these fees? Can I give the county my property even though my taxes are current? Can I legally abandon the property and remove my name from the deed, removing my responsibility to these outrageous fees? Can I go to court, and just offer the property up instead of owing fees? If the court orders me to pay, can I do anything to prevent future cost to myself in fees, dues, water, fire, and taxes? This property is a curse I don't know how to get rid of! Please help!!

Asked on 7/01/13, 11:16 am

1 Answer from Attorneys

Timothy Matusheski Law Offices of Timothy J. Matusheski

Get a copy of the POA rules and regulations that applied when POA assessed each fine. Mind you, the POA may change a rule or regulation from time to time so you need to figure out which version of the POA rules applies to each fine. Evaluate whether each fine was proper under the rules and regulations, and challenge any improper fines. Ask POA to deduct the fines accrued before you bought the property from the noncompliance fee bill. They cannot get a judgment against you for the prior owner's rule violations.

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Answered on 7/02/13, 10:37 am

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