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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 36376
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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A condo was sold to a new owner and after a year with the new

Customer Question

A condo was sold to a new owner and after a year with the new owner the HOA has contacted the new owners and said there is back HOA fees that the previous seller did not pay and the HOA wants the money from the new owner. HOA never did file a lien.
CAN THE HOA FILE A LIEN ON PROPERTY A YEAR AFTER THE SALE TO COLLECT FEES THAT THE PREVIOUS OWNER DID NOT PAY?
WILLIAM
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 10 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The HOA may not assert a lien against a condo for fees that were owed by a previous owner and which were not protected by a valid lien at the time of the sale of the condo to the new owner unless the By-Laws of the condo association allow that to happen. You need to look at the By-Laws of the association to see whether the new owner is liable for the arrears. Even if they are the new owner can sue the previous owner to collect the money that the new owner may have to pay for the arrears of condo fees. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 10 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug