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Is transfer od condo fee charged by sun city hoa legal ?

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burtstampfl

Junior Member
What is the name of your state (only U.S. law)? Arizona

My wife and I own a condo in sun city Arizona and recently divorced.

The deed had only her name on it at the time of the divorce.
Part of the MSA granted me full ownership of the condo.
The sun city and condo associations want to assess a fee because the deed changed to replace her name with mine (quick claim deed) and, in their words, the new named 'owner' MUST pay the fee because they were not the 'majority' owner at time of deed change.
Is that legal ?
As a couple don't we both own the condo as full married owners and as a result of the deed change one of us is Still the owner, so why can they assess a change of ownership fee ?
 


tranquility

Senior Member
While Arizona is a community property state, you have not given facts to indicate you are an actual owner. At best, it seems you were not a "majority" owner at the time of title change. A charge as you mention would be legal if the contract to join the condo association states it. To be sure, review the specific language and the specific facts. Or, have an attorney do so. I suspect the claim is contractual and correct.
 

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