Condo Association Management Blog

You best get a lawyer.

Does anyone know of a situation where professional property management and self management share responsibilities.

If this was the case, this would have been a known factor with your agent your hired to represent you.  
 
 
 
you did have a agent working for you, did you not? 
 
 
 
If you want to spent money with a working attorney, go right ahead. 
 
 
 
after you pay and pay some more and find out you have a hoa payment - then what, unless you are trying to reverse the sale of what you bought - now how much do you think that will cost? 
 
 
 
next time, use a agent attorney to go over every thing  
 
 
 
most re-estate agents are professional and do explain items of concern to the clients 
 
 
 
did you hire an agent who has more than two weeks in the business?

When we had our barber shop on Graham Ave, if a customer came in and got his hair cut and then paid for it; it was very rare that he would complain that he didn't know that he was going to get his haircut. How in the world did this happen? Sue the agent as well as the owner. Sue the association for not screening you. 
 
Something smells here. And it ain't Lilac Vegetal.

What about the title company? Do they have any responsibility? Add them to the suit.  
 
You have two hopes: one is negotiation and the second is proof of fraud. In both cases you need a good attorney. Notice that I qualified the word, "attorney" with the adjective, "good."  
 
And learn about the Association. You may find that in spite of not knowing about it that you fell into a good deal.

It sounds like you did not use an agent and bought directly from the owner? I believe you need to contact an attorney either way and perhaps you can do a recission and give it back to the seller with all your damages being covered. Many states have hoa disclosure forms that must be signed by the buyer. The attorney will know your state laws. You can go on line and check for statutes what the state laws are and Maybe work it out with the seller.

Take a look at the title insurance document; it should state the presence of an HOA. That would have been detected during a title search. Some states have specific notification requirements when an HOA is present. Even though it may be a state law to provide you with the gov docs and other info regarding the HOA within a certain number of days of stating your intent to purchase, sometimes the docs are not provided until closing. Look over all the papers you received at closing; they may be in there. Many people just overlook the docs as there are so many papers. Also,I'm surprised the presence of an HOA is not in the sales contract -- it may not state you are required to pay assessments and abide by the rules, just that there is an HOA. 
 
But, sorry, you have no choice as to whether or not you want to be a member of an HOA; it's automatic upon taking title to your property. The only way to get out is to sell your property! 
 

It sounds like there were no agents involved here. It also sounds like there was no lender either. Did you pay cash? If so, weren't you represented by an attorney? If there was a lender involved, there would have been a request for proof of master insurance and a response to a condo questionnaire. While you can hire an attorney and try to rescind the sale if there was some fraud here, you should understand that if the situation is not resolved in your favor and you have not paid the monthly fees you will be responsible for the back fees, plus penalties. I find it difficult to fathom that the seller could have deliberately kept this a secret through the entire sales process without the buyer knowing something wasn't quite right.

If this is as you say, you have a legitimate suit against the agent and the seller. If you didn't have an agent you still have a suit against the seller. You were not given the information required by law before a sale. You may be able to rescind the purchase.

Prince Hall hit the nail on the head - "get a GOOD lawyer". It may be your only hope.

Listen to what Louise said. And attorneys are expensive.  
 
I would suggest that you look at what you get for monthly fees. Are they things that you would pay for if it were not a condo? This does not make fraud right.  
 
Good luck.

Sounds like you bought from the owner at closing there should have a section that address's proration for association fees, is that on your closing statement? All those expenses should have been made clear to you line by line at the closing? But just inetrested in how you thought all those areas where maintained, like lawn, driveways, or snow plowing?

Is the "townhouse" attached to the other condos? You did know it was a condo, didn't you? Did you ever do any research or reading about purchasing a condo BEFORE buying the property? Did anyone explain how the upkeep of the condo works? What you would be responsible for? This may turn out to be a "lesson learned." FYI: Good site to read is 
Condo Living - The Seven Deadly Sins, by Gilles Martin Google) I can't think of anyone in this day and age that wouldn't ask the question of: How much are the monthly association dues and what does it cover. I don't have a copy of my sales agreement, so I can't say the disclosure of an "association fee" would be written in there. Be curious if you had a Realtor, an attorney involved prior to the purchase, if there was any information about the property. These are just basic questions one would ask. Are you living in the condo now? How did you think amenities would get paid?

You are the problem, not the seller nor title company. If the HOA wasn't part of your contract then you should never settled on the purchase. However, you do need a lawyer to control you poor judgement

I agree with Chuck. Unless the townhouse was standing alone in a weedy field, you can assume that someone must pay for the common amenities. Is there landscaping in the community? Were you planning on mowing the entire lawn by yourself or did you think the neighbors would do it for you 
 
You had to have signed documents that explained the parameters of your membership in the association. Get them again and reread them. If you are stuck with this townhouse, take heart in the fact that you won't have to pay for exterior maintenance.

You probably were represented by a title insurance company who prepared the HUD-1 Settlement Statement. On your HUD-1 Settlement Statement there should have an charges to the association for a membership fee and the pro-rated condo dues for the month of closing; and sometimes an escrow as well. Did you question these charges on the HUD-1 Settlement Statement before you signed it? In New Jersey most buyers use an attorney who advises te client on all items in the title binder. You should hire an attorney immediately to determine your rights and responsibilities.

TIA: Is this is the first time you purchased a home? Did you know you were buying into a condo? Did you ask to see copy of by-laws; that is another place that would say what you are purchasing is part of an association, governed by certain rules and restrictions, etc.  
 
It would help if you explain more in detail and answered some of the questions asked. reva-ro 
 
 
Some associations charge a buy-in fee -- that would have been a good time to question that expense. Just read HUD-1 blank Settlement statement; could not find "...charges to the association for a membership fee and the pro-rated condo dues for the month of closing..." But as others have said: "Who's gonna mow the lawn, collect trash, rake leaves,

This makes no sense.  
 
 
 
How could you have purchased real estate without having all the details? Sounds like you didn't ask any questions prior to purchasing and then are having buyer's regrets.  
 
 
 
I can understand false or "misinformed" communication being given to you....to an extent. I was told by my real estate agent, and by the seller's agent I was purchasing a townhouse. Until I actually read the ten foot stack of papers I had to sign at closing. Then it became clear to me I was purchasing a condo, not a townhome. I did not own the ground or exterior walls. The Master Deed provided to me was very specific about everything. But by then we were in love with the place so we proceeded.  
 
 
 
There are too many questions here. 
 
 
 
You were not represented by an attorney during closing? WHY? Why in the world would you consider conducting the biggest purchase of your life without legal protection?  
 
 
 
Did you not do a title search? Is that even legal in your state? That is illegal in my state. A title search is required. Why would buy a home without doing a title search even if it isn't the law?? God knows what liens are on the property!! You should check that immediately.  
 
 
 
Did the seller not disclose the HOA fees to you prior to selling the place to you?  
 
 
 
In my complex, the HOA charges a fee (a "transfer fee") to all new purchases. Did you not have to pay that fee? 
 
 
 
In order for you to be legally obligated to the rules and regulations of your HOA, you had to have signed a form stating you would adhere to the rules set forth in the Master Deed. Did you not sign such a form? Or did you not read what you were signing?  
 
 
 
It is pretty rare to find a townhome that is not a condo. Did you not understand fully about condos and HOA and dues before you purchased?  
 
 
 
What would you ultimately like to accomplish? That is important to know before anyone here can assist you. Do you wish to return the property to the seller? You can simply hire an attorney and he can arrange the whole thing. If you truly were not disclosed the HOA rules, fees, etc...and honestly did not sign anything at all that indicates that.. you have a simple case. If you did sign anything like that, you are on the hook.  
 
 
 
Are you simply looking to get out of paying dues? Once again, depends on what you signed.  
 
 
 
Sorry you are so dissatisfied with your purchase.  
 
 
 
What exactly are you most upset about? I find living in a HOA is a blessing. My lawn is mowed, snow shoveled, my gutters cleaned, landscaping done, leaves raked. I literally do nothing. I roll out of bed and everything is taken care of! I love it!!  
 
 
 
 
 

I didn't read all the replies, so I’m not sure if this has already been said. 
 
 
 
Each state has different laws regarding the disclosures that are required during sale of a unit in a common interest development (condo).  
 
 
 
Although you will probably need to hire a lawyer in the end, you may be able to find out more information about who to point fingers at by reviewing the state laws. Most states have a “Department of Real Estate” or “Division of Real Estate” with summaries of the civil code available online. I assume that ultimately either the seller or the escrow company is responsible to provide these disclosures to the buyer.

One other point. If you signed something that mentioned that it was a condo and there would be HOA fees imposed, you have no case. It doesn't matter if you didn't read or understand what you were signing. This is why you should have an agent and a lawyer.  
 
 
 

I am still wondering WHY anyone would buy anything without reading the contract (don't care if it's 100 pages...they are taking money from you and that's Clue Number One) The second clue is to ASK QUESTIONS, ASK QUESTIONS, ASK QUESTIONS. ALWAYS. And for a few extra dollars, HIRE AN ATTORNEY TO LOOK OVER THE AGREEMENT (even if your contract is being written by Realtor). Was this a cash-in-hand deal? Did you have buyer's remorse? Or didn't you tell anyone you were buying a townhouse or is it a surprise. How much could the monthly assessment fee be? What amenities are provided. ro ro

I don't get it. Was the townhouse not attached to another property? That would have been a giveaway that it was a condo.Why didn't the seller tell you it was a condo? I am not sure what you can do at this point. If the paper work does state that it is a condo that could be used against you.  
Well, there are advantages to living in a condo. The city will pick up the trash and provide water and the association pays the bill. Of course you have to pay the PG%E bill but that is anywhere you are.nd you will pay condo fees. You might ask an attorney what your rights are but it does not sound good as you have already made the purchase. I bought my condo in 92 and it is home to me. I love it. I became assistant manager at the onset and have nice tenants. Let us know what you come up with. Take care. Mari