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Can association sue an owner for refusing to be member and pay the maintenance dues?

9 Answers

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  • 2 years ago

    They can put a lien on the property if the sales contract stated it was in an HOA and you signed any docs stating you were aware of this, or if you've ever paid them any dues. You most likely signed a PUD or Condo rider when you closed your loan, you most likely paid transfer fees & at least one month worth of dues when you closed.

    Source(s): Mortgage lender 33 years.
  • 2 years ago

    i wouldnt think so

  • 2 years ago

    Assuming you are asking about a homeowners association, in my state, you will not get title without also acknowledging the "conditions, covenants and restrictions" that encumber the title. Whoever sold you the place was subject to all the restrictions and cannot sell you more than what he had.

  • ?
    Lv 7
    2 years ago

    That depends on whether or not the association is attached to the original deeds, etc. If the association was formed AFTER the fact and is not attached to the deed, then there is no way to enforce mandatory membership.

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  • 2 years ago

    In an HOA yes. Why? Because you already agreed to be a member and pay the dues. Read your closing documents a little closer … it is detailed there.

  • GTB
    Lv 7
    2 years ago

    I assume you mean a Home Owner's Association (HOA) for your home. Usually the HOA rules are defined and these are part of a deed restriction which means that their rules are understood and accepted as part of property purchase. The HOA rules are to be defined in this deed restriction and you should have a copy of these. HOA rules can be altered with time under the rules defined therein. Usually if you buy the property you agree to the rules, fees, penalties, and changes to them as defined in the rules and failure to comply has its penalties. The penalties can include court actions. A HOA is for all practical purposes a governmental unit although it may not be officially a governmental unit.

  • 2 years ago

    Most likely, they will put a lien on the property.

  • 2 years ago

    Probably. Unless the association was created after the owner already owned the property, membership in the association was likely written into the sale as a requirement, thus making the owner a member whether they want to be one or not.

  • 2 years ago

    Only if there is a rule which the owner knew about before becoming the owner, which says that they MUST be a member.

    If ther eis no such rule in a contract they signed, then they ar enot forced to be a member.

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