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Old 04-15-2009, 04:39 PM
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Join Date: Apr 2009
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condo association problem


What is the name of your state (only U.S. law)? Ohio
I recently received notice that I have a lien on my condo for unpaid assements that were not paid from 2000-2008 to a Homeowner's Association. I purchased the condo in 2006 with a free and clear title. I was not notified that there was a Homeowner's Association. I was told and given Declaration of Covenants from my Condominium Association and was notified at closing that I would have to pay $160 a month for a condo fee which I have paid. The Homeowner Association sent me a Notice of Delinquency stating that I owed $60 a year from 2000-2007 and $75 for 2008 when it increased. I was given this notice of delinquency in Sept. of 2008 and notified that I have a Homeowners Association aswell as a Condominium Association which I was unaware until I got this letter. Apparently there was a VERBAL agreement between the builder of the condominiums and this Homeowner's Association say that the yearly assesment would be paid by the Condominium Association. The yearly assement has never been paid by the Condominium Associaton so now as the current owner they are making me pay for this fee from 2000-2008 even though I've only lived there since 2006. How do I know that this Homeowner's Association is even valid? Isn't there a law about placing a lien in a timely manner? Is a Verbal agreement even valid? Can they make me pay for fees for a time period when I didn't even own the home? Don't they have to notify a purchaser at closing of any fees, assesments, or associations that apply? By the time I pay for a lawyer I might as well pay the lien. It's just the principle of it. I feel like I'm being taken advantage of a this is very wrong. There are 84 condo units in my neighborhood and the Homeowner's Association has placed liens on each unit for the same thing. I'm trying to research Ohio laws myself and try to figure out what to do and am having trouble finding anything that proves my case. Mechanical Liens must be placed within 60 days of work done but I see nothing that pretains to this. It is called a Specific Lien. I can't find anything that says that the contract has to be in writing and not just a verbal agreement. If anyone can tell me where I can find anything to help me please let me know. I need the actual Ohio law to prove myself. I've been using the ORC to try to find something to help me but haven't found anything yet.What is the name of your state (only U.S. law)?
  #2  
Old 04-15-2009, 05:45 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by book82 View Post
What is the name of your state (only U.S. law)? Ohio
I recently received notice that I have a lien on my condo for unpaid assements that were not paid from 2000-2008 to a Homeowner's Association. I purchased the condo in 2006 with a free and clear title. I was not notified that there was a Homeowner's Association. I was told and given Declaration of Covenants from my Condominium Association and was notified at closing that I would have to pay $160 a month for a condo fee which I have paid. The Homeowner Association sent me a Notice of Delinquency stating that I owed $60 a year from 2000-2007 and $75 for 2008 when it increased. I was given this notice of delinquency in Sept. of 2008 and notified that I have a Homeowners Association aswell as a Condominium Association which I was unaware until I got this letter. Apparently there was a VERBAL agreement between the builder of the condominiums and this Homeowner's Association say that the yearly assesment would be paid by the Condominium Association. The yearly assement has never been paid by the Condominium Associaton so now as the current owner they are making me pay for this fee from 2000-2008 even though I've only lived there since 2006. How do I know that this Homeowner's Association is even valid? Isn't there a law about placing a lien in a timely manner? Is a Verbal agreement even valid? Can they make me pay for fees for a time period when I didn't even own the home? Don't they have to notify a purchaser at closing of any fees, assesments, or associations that apply? By the time I pay for a lawyer I might as well pay the lien. It's just the principle of it. I feel like I'm being taken advantage of a this is very wrong. There are 84 condo units in my neighborhood and the Homeowner's Association has placed liens on each unit for the same thing. I'm trying to research Ohio laws myself and try to figure out what to do and am having trouble finding anything that proves my case. Mechanical Liens must be placed within 60 days of work done but I see nothing that pretains to this. It is called a Specific Lien. I can't find anything that says that the contract has to be in writing and not just a verbal agreement. If anyone can tell me where I can find anything to help me please let me know. I need the actual Ohio law to prove myself. I've been using the ORC to try to find something to help me but haven't found anything yet.What is the name of your state (only U.S. law)?
**A: too many various issues to deal with here. You need to hire your own attorney.
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