DATE:

10/31/05

SUBJECT/TOPIC:

LIABILITY FOR HOMEOWNERS ASSOCIATION DUES

  Q:

Do you know of any cases holding a purchaser personally liable for HOA dues where the purchaser had bought the property at a tax sale and the deed did not list any exceptions to the title?  I am referring to current HOA dues, not prior to the purchase.

  A:

Here are my thoughts:  (1) if the subject taxes were for a tax year before the declaration of restrictions was recorded the tax sale should have cut them off, along with any liability they impose; (2) if the taxes were for a subsequent tax year and the declaration was duly recorded the purchaser would take subject to whatever they say about assessments.  I don't think it matters that the deed is silent on the subject; (3) generally, declarations make the owners personally liable for assessments accruing during their period of ownership.  Obviously, you'll want to check the language of the declaration at issue.

 

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