Canyon Country, CA asked in Real Estate Law for California

Q: Hello :) I purchased a Townhouse end of year 2020. Howecer only final statement shows Mortgage, Tax property, HOA

Payments along with other fees ( not secondary sub association information) after a year later a purchasing my place I received an invoice stating I need to pay late fees and charges for every month when I did not aware of any other HOA fees nor received any type of bills from “ Stevenson Ranch Community Association” however I did not think of anything bc the seller did not mention nor my agreement shows secondary HOA. Now I received a notice of disclosure of my property from a lawyers office stating that I need to pay a full payment of almost 3k and attorney fees when I still till this day did not get a “Stevenson Ranch Association bill to my address can I Fight this when the buyer failed to disclose this information with me nor I see anywhere on my contract.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, if you were not informed about the secondary homeowners association (HOA) fees at the time of purchasing your townhouse, you may have grounds to dispute the charges, especially if this was due to a lack of disclosure by the seller. Under California law, sellers are required to disclose information that could affect the value or desirability of the property, including the existence of any HOA fees. If this was not communicated to you, it's essential to gather all documentation related to your home purchase, including your contract, closing documents, and any communications with the seller or real estate agents.

You should also review the covenants, conditions, and restrictions (CC&Rs) for your property, which should outline the requirements and obligations regarding HOA fees. If you did not receive these documents or they do not clearly state the obligations related to the Stevenson Ranch Community Association, this could support your case. It may also be helpful to reach out to the HOA directly to discuss the situation and request any missing documentation or clarification on why you were not billed sooner.

Lastly, it might be beneficial to consult with an attorney who is experienced in real estate or HOA disputes. They can provide guidance based on your specific situation and the details of California law. Legal advice could be crucial in resolving this matter effectively, especially if it involves negotiations with the HOA or legal action against the seller for failure to disclose essential information.

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