HOA doc not presented at signing, does HOA have any rights?

[furinox]

What is the name of your state (only U.S. law)? Texas

Several months ago I purchased a HUD home and no home owners documentation was presented at signing. I recently received a document from a local HOA saying that they will peruse lien action if a balance is not paid before the end of the month. Does the HOA have any authority if documentation/a contract was never presented and signed?

Thanks!

 

[FlyingRon]

HOA's typically do not have "contracts" with individual homeowners. There authority is by encumbrance on the title. You won't get out of the HOA or the obligation to pay the dues. You may have action against the SELLER if he failed to provide the required disclosure about the HOA. Did you not get the "Addendum" for the HOA disclosure? It need not be done at closing, it's often sent out with the other seller pre-closing disclosures.

 

[furinox]

HOA's typically do not have "contracts" with individual homeowners. There authority is by encumbrance on the title. You won't get out of the HOA or the obligation to pay the dues. You may have action against the SELLER if he failed to provide the required disclosure about the HOA. Did you not get the "Addendum" for the HOA disclosure? It need not be done at closing, it's often sent out with the other seller pre-closing disclosures.

I have not received anything other than a notice saying that I owe a fee plus late charges. The house was a government HUD owned foreclosure and at signing the representative had said that through their best effort they could find no documentation of a home owners association or a location to contact. There is not an information location for the neighborhood. Apparently it is just a managed HOA in another close by town.

I could be completely wrong, but in my view I owe nothing more than the HOA fee prorated according to when the house was purchased. I found a legal document online that says the purchaser could be liable for predated fees but only if the HOA notifies the selling company within 10 days of selling the property.

 

[nextwife]

I have not received anything other than a notice saying that I owe a fee plus late charges. The house was a government HUD owned foreclosure and at signing the representative had said that through their best effort they could find no documentation of a home owners association or a location to contact. There is not an information location for the neighborhood. Apparently it is just a managed HOA in another close by town.

I could be completely wrong, but in my view I owe nothing more than the HOA fee prorated according to when the house was purchased. I found a legal document online that says the purchaser could be liable for predated fees but only if the HOA notifies the selling company within 10 days of selling the property.

Wrong. The HOA, by virtue of the recorded association docs has a right in perpetuity. They need not assert that right, it already exists due to association records being placed of record. You would have been buying SUBJECT TO any pre-existing easements, restrictions and other matters than run with the land. If you had performed your due diligence and obtained a copy of all applicable E&R, and CCR docs of record and READ them you would have know. Their rights do not cease just because you failed to obtain and read all title docs. Nor does a recorded easement cease because you didn't read about the easment user having rights.

What applies is what was already of record as of your purchase date. Unless the association declaration recordation occurred AFTER your purchase, you are consididered to have had notice by virtue of the public record.