If the HOA told me that the street that I live on was never part of the HOA because of some legal paperwork issues, must I still pay HOA fees?

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If the HOA told me that the street that I live on was never part of the HOA because of some legal paperwork issues, must I still pay HOA fees?

My house will only become a member if I sell it, then thenew owner will be a member. Does that mean I still must pay the HOA fee? They claim I did so far in good faith so nothing changes.

Asked on January 20, 2012 under Real Estate Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to review the preliminary report and actual title report that you presumably obtained when you purchased the home that you are writing about. If your home is not part of the HOA that you are writing about, then there will be no recorded convenants, conditions & restrictions upon it.

I suggest that you consult with an attorney that practices in the area of planned unit developments that you are writing about. The issue that I see is whether your home is part of the HOA and not the street that it is on.

 


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