I closed on my property purchase in July of 2010. The house we bought in Anne Arundel County Maryland had a homeowners association
. (West Haven Homeowners Association)
When I purchased the property, the seller casually mentioned that they were trying to build a pool. What he forgot to mention (and so did the HOA
in any financial disclosures) that they had sold $230,000.00 worth of pool bonds, and had spent $130,000.00 of that money on legal fees defending the lawsuits that arose. The welcome letter we received dated 03JUL10 stated that they were not party to any pending lawsuits or litigation.
I believe this link states otherwise: http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=070200163452009&loc=28&detailLoc=DSCIVIL
A lawyer at the meeting last night told me that because it entailed a land variance it was not in fact litigation. I told him that the decision was finalized in the Maryland Court of Appeals in 2012, and it was reversed in the HOA's favor.
I now have three choices, and all of them require me to pay money based on a lawsuit that I was not aware of: Purchase a pool bond and pray the pool gets built, the pool falls through and now the individuals who paid money will get it back via a special assessment, or I do nothing and just let the HOA come after me (eventually i'll have to pay.)
These all constitute an unacceptable outcome for me due to the fact that when I bought the house it was not disclosed to me. Who is liable here? I signed a notarized contract to buy the house and the house is in the HOA, so the statute of limitation should still be good to go (6 years). I asked the HOA last night at our meeting and they assured me that the bonds were not a debt until the pool is not built. I am moreso focused on recovering damages
for not disclosing the pending litigation when I bought the home.
I intend to accomplish everthing in small claims court and i would literally seek the damages i'm required to pay to the HOA as a result of not telling me about the litigation. (Special assessment of 400 a year for 10 years= 4000.00)
Essentially i'm asking, do I have a case here. Who is liable from my closing and what should I do?