Monday, July 18, 2011

Am I legally responsible for home owners association fees that occured before I bought my home?

My husband and I bought our first house in 2009 (in Florida) in a neighborhood that has a homeowners association. It was brought to our attention by the title search company that there was a lien on the house because of unpaid association dues, but we were told that it was paid at our closing. It is not 2011 and the new board of the homeowners association is going back through the records of the old management company (who has recently been terminated by the board) that date back to 2008. We received a letter in the mail saying that we owed $164.22 and that it was due in 30 days or the association would take legal action against us. So we contacted the association treasurer to find out why we had a balance because we knew that we had paid all of our dues. She stated that there were charges that were shown in her records that were outstanding back in 2008. We tried to explain to her that we hadn't bought the house until 2009 (which she tried to claim we had lived there since 2008) and that any charges due before our closing were paid by the responsible party (which would have been a bank because it was a foreclosure). We also told her that when we had spoken to the management company (before they were terminated by the new association board), that they had also told us that there was no outstanding balance. Are we legally responsible to pay this amount from 2008? Can the homeowners association come at us legally for charges that incurred before we owned the home? Who do we need to speak to or to get records that this was already paid? I've looked through our closing paperwork and all I have been able to find is a faxed invoice to the bank for the amount due. I don't think that we should be legally responsible for fees that incurred before we bought the house! Help please!

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