Swimming Pool Association Fee

[langtusj]

What is the name of your state? San Jose, CA.

I purchased my home in 2004 from a relative as a for-sales-by-owner transaction with a broker's assistance. Both of them failed to mentioned that there is an association that my residence belongs to. I recently received a statement from the association dated as far as 1999 with a $1924 balance that I have to pay. If not, they will put a lien on my property and threaten that it will seriously affect my credit. Questions:
1) If they do put a lien on my property, will that affect my credit?
2) Can I only pay the balance starting from 2004, the year I acquired my home?
3) I tried to convince my relative that they are responsible for the balance from 1999-2003 but they won't listen to me. I don't really want to put a dent on a family relationship but can I sue my broker for failing to mention that?
4) The association applies a $25 late fee for every year, is that even legal?
5) Is there anyway to be not a member? I can't afford to sell and move out of that area but I don't want to pay money for a swimming pool which I never use.

Sorry for asking that many questions. I do appreciate any response.

Regards,


Stanley

[nextwife]

Didn't your title insurance policy show an association existed? Didn't the closing agent you hired obtain an association fee status letter?

Yes, they can charge late fees. And all the money is due.

[langtusj]

Title Insurance did mention it. It's my fault not to read it, right? However, my agent/broker did not give me anything in regards to the association fee.

[FlyingRon]

If you were informed, it's nobodies job to tell you what the fees are. Out here the seller is required to provide a disclosure on the HOA which includes how the fees are assessed but I don't believe it says what the current fees are, you're expected to inquire for your self.

You must pay the fees since you have acquired the house. Do this and contact the association about the stuff in arrears before you bought the house. A proper closing should have made sure the fees were paid, prorated up to the date, just like taxes and things like sewer. You should consult your title insurance about the previous owners failure to pay (if the HOA seems determined to try to collect from you).

Denting your family relationship? Your relative screwed you out of money and you want to let that slide? Fine, but you can't sue a third party because of it.

The late fees are in the corporate documents (by-laws, articles of incorporation, ...) of the HOA. Most likely they can charge late fees, interest, and collection costs.

No you can not USUALLY get out of not being a member. It's a "cloud" :-) on your properties title.

[PghREA]

Originally Posted by langtusj

Title Insurance did mention it. It's my fault not to read it, right? However, my agent/broker did not give me anything in regards to the association fee.

Your agent/broker only knows if there is a fee if the seller tells him or if he lives in the same subdivision. Your relative would have known and it was your responsibily to follow
up with the title insurance issues.

[LindaP777]

Originally Posted by FlyingRon

Your relative screwed you out of money and you want to let that slide? Fine, but you can't sue a third party because of it.

AGREED!~~~~

[langtusj]

Thanks everyone for the detailed answers. There's still one question in regard to my credit. If the association puts a lien on my house, does it in anyway to affect my credit. It just is already a struggle making mortgage payment, and now I have to pay for the unnecessary. If I can delay it as much as possible, I prefer it that way. I don't mind that they take that money out when I decide to sell my house, but I don't want in doing so, it affects my credit in anyway.

Regards,

-S

[moburkes]

Why are you struggling to make your payments? Has your financial situation changed?

[langtusj]

Denting your family relationship? Your relative screwed you out of money and you want to let that slide? Fine, but you can't sue a third party because of it.


Well, what can u do when it's your father-in-law?

[langtusj]

Originally Posted by moburkes

Why are you struggling to make your payments? Has your financial situation changed?

I appreciate you took the time and all but why answering a question with another question?

[nextwife]

Have you thoroughly reviewed your closing statement? Maybe you were given a credit on the closing statement to cover the payments due?

[langtusj]

Originally Posted by nextwife

Have you thoroughly reviewed your closing statement? Maybe you were given a credit on the closing statement to cover the payments due?

Yes I did and there was nothing credited to me last time. I know I'm screwed up already and I know that I have to pay that balance somehow but the ONLY real concern I have now is if the association puts a lien on my property, will that affect my credit in anyway?

[HomeGuru]

Originally Posted by langtusj

Yes I did and there was nothing credited to me last time. I know I'm screwed up already and I know that I have to pay that balance somehow but the ONLY real concern I have now is if the association puts a lien on my property, will that affect my credit in anyway?

**A: the general answer is yes.

[xylene]

Originally Posted by langtusj

I appreciate you took the time and all but why answering a question with another question?

It is called a discourse.

I would wonder if giving advice about credit worthiness is relevant to someone who expresses that they can't afford their home.

So is your problem that you don't want to pay, or that you can't pay.

~ $2000 is a chunk of change but its not a vast sum of money.

Why don't you get short term loan? If you can't, then why not sell?

Does that make any sense?