Lancaster, PA asked in Real Estate Law for Maryland

Q: No resale certificate provided

Signed form at closing giving HOA 2weeks after closing to get me the resale certificate. They never did. 5 yrs later a property mgt group took over the hoa and put a lein on my house for unpaid monies. My realtor says i'm not part of HOA because they did not provide documents per contract. Lawyer for property mgt company says they dont have access to hoa docs from before they took over but have right to collect monies previous from the property because no one can ever get out of being in the hoa, no matter the failures of the HOA. I'm curious as to how that works. Wouldnt that put HOA's 'above the law'? Oh and they supposedly have no idea how to get copies of records before they took over.

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Your realtor is wrong. The failure to deliver HOA documents at the time of contracting would have given you a basis to cancel the contract of sale. But is sounds like you closed the deal and moved in. If the HOA is properly constituted in the Land Records, and your property is within the HOA regime, you are a member. But rather than guess, take your documents to a lawyer for review and consultation. Don't lose your home, or acquire needless liens for being stubborn! Learn your rights and your responsibilities.

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