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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3619
Experience:  Experienced real estate lawyer and real estate broker.
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We have lived in our home since 2005 & moved from an HOA community

Customer Question

We have lived in our home since 2005 & moved from an HOA community into athis house to avoid living in a neighborhood with an HOA. We were told there was no HOA and no documents stating there was one were in our closing documents. We have now been served with a subpoena for dues & late fees dating from 2009 thru 2015. We don't want to be a part of an HOA and not sure if one was formed in 2009 or if there had been one before and we were just never told or billed. Are we legally responsible to become part of it in either scenario?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.
No, if you were not informed of any HOA when you moved into the place, and it would have had to have been disclosed to you in the purchase agremeents, then you cannot be required retroactively to join any HOA that was created in the mean time. That is your protection under south carolina law and if anybody is requiring it now, you can tell them that you have conferred with a real estate lawyer and you are not required, under South Carolina law, join any HOA and you cannot be held responsible for any HOA dues, past, present or future.
Please rate the answer 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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