Thank you for the additional information. When you first bought the home, there should have been language in the contract
which required the previous owner to cure any arrears, fines, penalties, etc. related to the property, so it would not pass to you in this case. If there was language to protect you and this was never done, then you could go after the sue the previous owner for the cost in curing this. Now, if these are your responsibility, then you would need to pay them. While I 100% agree and understand that these were there prior to you buying the home, if you did proceed and take title
, they likely would pass to you now, as the current owner. Now, if you were served, you do need to file a response or answer and respond to the allegations and raise any legal defenses which you may have. If you fail to do so, then you can be defaulted and they will get a judgment. As such, if this is not something you are responsible for, you could use that as a defense. However, their complaint should state why you are, so you want to look over the HOA documents and any other law they cite, to see if that is accurate. You may also need to bring in the previous owner, if he should have taken care of these and never did.