Q: My parents live in a subdivision that didn’t have a homeowners association (HOA) when they first moved there in 1998.
They did sign a PUD rider though. A year ago, they received a letter saying that they are behind in HOA dues.
They have never committed to being in an HOA or attended any meetings. Since they signed the PUD, are they obligated to pay the homeowner’s dues? Thanks!
A: Let me start by saying that your parents really need to talk to a real estate attorney about this issue.
You say they signed a PUD rider. Was that in connection with a loan they obtained? A PUD rider is a document that is attached to a mortgage and refers to a “planned unit development.” It would appear that when they signed the PUD rider, the lender may have known from the title report that the property was subject to some sort of association or other community living arrangement.
If in fact they live in a subdivision or community that is impacted by association rules and dues, then yes, they must contribute their monthly assessment. In return, they should benefit from having the association manage the common areas of the development.
But surely, the letter stating that they are “behind” in their assessments isn’t the first one that they received. There must have been other communications with the association.
They should know that choosing not to participate doesn’t mean you get to opt out of belonging to the HOA. For legal options, your parents should speak to a litigator with experience in real estate law.
April 15, 2007.
(1 votes, average: 5.00 out of 5)
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I purchased a home in June of 2007 in TN. At the closing there was no mention of any HOA past or present and I did not sign a PUD. In SEP07 I recieved a notice from a HOA saying that the NorthPark HOA would be starting back up because the city required it in order to maintain common areas for wich the city had to pay to have mowed. Since then I have found out that the HOA did at one time exist prior to me buying my home but it went defunct/inactive because no one payed their dues. Also on my deed their is a reference “This conveyance is subject to restrictive covenants of record in Official Record Book Volume 368, Page 1392. On the closing papers it was not disclosed by the previous owner that their was any previous HOA, perhaps because they themselves did not own it when they were active. Recently the HOA put a lien on my home. I feel that I have been dooped into being liable for the fees out of my own ignorance (first time homebuyer). Is their anything I can do legally? And if not, can a HOA backdate the fees to when I purchased the home even though I recieved no service because they didnt exist/were active then? Thankyou for any response. william.fleck@us.army.mil