| DATE: |
10/31/05 |
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|---|---|---|---|---|
| SUBJECT/TOPIC: |
LIABILITY FOR HOMEOWNERS ASSOCIATION DUES |
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| 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. |
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| 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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