Am I still liable for unpaid HOAduesif the property was lost to foreclosure?

UPDATED: Aug 4, 2011

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Am I still liable for unpaid HOAduesif the property was lost to foreclosure?

I lost a condo to foreclosure. The property has been sold to a new owner. Am I still liable for the unpaid dues that were accumulated while I was going through foreclosure?

Asked on August 4, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under most recorded "covenants, conditions and restrictions" recorded upon title to homes subject to a planned unit development common to most condominium complexes, the owner of the condominium is responsible for association dues at all times during his or her ownership.

The "covenants, conditions and restrictions" typically recorded allow a lien to be recorded on the indivual property when the association's fees have not been paid for a certain period of time, but the individual homeowner is still responsible for the fees as long as he or she own the property of record.

You would be personally responsible for the unpaid association dues that accumulated while the property was being foreclosed upon until the date of the trustee's sale.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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