Plano, TX asked in Real Estate Law for Texas

Q: Do I have to pay on a residential lot the past due HOA dues that were prior to me inheriting the property?

I have inherited a residential lot in Corpus Christi, TX about 8 years ago. I am now being brought to collections for HOA dues and late fees that were outstanding before I acquired the property. At the time of title, there were no lien holders on the property. Am I liable for this? Thanks.

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1 Lawyer Answer
Benjamin E. Golden
Benjamin E. Golden
  • Castle Hills, TX
  • Licensed in Texas

A: This is a complicated issue that should be handled by an attorney who is familiar with HOA law. There are many potential facts that the answer to your question depends upon. When you say there were no lien holders, do you mean that the HOA had not recorded an affidavit claiming delinquent assessments before the deed into your name was recorded? If there was not such an affidavit filed, this is a fact in your favor. Next, does the association require resale certificates for property that is transferred, and did you obtain one that stated that there were no delinquent dues owing? If yes to both, this is another fact in your favor. An attorney probably needs to review the Declaration for the association to give a definitive answer to your question. One thing is for certain, you are liable for any assessments that came due from the effective date of the deed into you.

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