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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.