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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4195
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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I live in Kentucky and bought a new house a few years ago in

Resolved Question:

I live in Kentucky and bought a new house a few years ago in a subidivision. No time in the buying process was a HOA mentioned, nor was it mentioned in the title or any other contracts that was signed. Now I find out this year there is a HOA and I am responsible for dues. Am I legally responsible for the dues and am I legally part of the HOA?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 3 years ago.
Hello, I am happy to assist you today.

Did you use an attorney for this transaction?

The HOA has to establish their presence before the sale, and require you to agree to abide by the rules and by laws of the HOA at the closing. Otherwise, you are not legally bound to participate in the HOA.

You legally have a right to refuse to participate in the HOA because you never signed anything stating that you were going to agree to their rules and by laws.

Let me know if you have any questions.

Please do not rank my answer until we finish discussing.


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Customer: replied 3 years ago.
Thank you for responding so quickly. Can you provide the applicable statutes?
Expert:  KimberlyLaw replied 3 years ago.
There is no statute that applies here. It is basic contract law.

You have no legal relationship with someone unless you sign a document agreeing to be a party to an agreement. You have not signed anything.
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